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'<     t          <     '    I     *'  '  ll;  I    i     1 

IM  tiBSl    f 

•Hil 


i 


TO  HIS  MAJESTY, 

LEOPOLD,  KING  OF  THE  BELGIANS,  K.  G.  G.  C.  B., 

&c.,&c.,  &c. 
THIS    VOLUME 

IS   MOST   RESPECTFULLY   INSCRIBED, 
BY  HIS  MAJESTY'S  GRATEFULLY  OBLIGED 
AND  DEVOTED  SERVANT, 

HENRY  J.  BRADFIELD, 

EDITOR    AND    TRANSLATOR. 


TRANSLATOR'S    DEDICATION. 


SIRE,— 

WHEN  in  England,  on  my  return  from  Greece,  I  was  honored 
with  the  permission  of  dedicating  a  volume  of  poems  entitled 
*'  Tales  of  theCyclades"  to  your  Majesty,  and  enjoyed  the  further 
patronage  of  holding  a  commission  under  Prince  Murat,  in  the 
Belgian  army. 

Knowing  the  noble  and  generous  sentiments  with  which  your 
Majesty  was  actuated  towards  the  Colonel,  and  his  devotion  to 
you,  Sire,  and  the  cause  in  which  he  had  then  embarked  his  for 
tunes;  in  respectful  consideration  of  them,  and  in  recollection  of 
past  kindnesses  which  I  experienced  during  my  services  in  Bel 
gium,  I  have  availed  myself  of  this  public  opportunity  of  express 
ing  my  grateful  acknowledgments  in  the  dedication  of  the  accom 
panying  translation  of  some  valuable  personal  observations 
which  Colonel  Murat  presented  to  me,  when  in  garrison  at  Ath, — 
on  the  subject  of  America  and  the  Americans, 

Though  some  years  have  elapsed  since  they  were  written, 
as  they  possess  a  discriminative  delineation  of  character  and 
truthfulness  in  their  composition,  as  also  many  interesting  re 
marks  arising  from  an  experience  of  a  residence  of  many  years 
in  this  country  of  his  adoption,  as  an  American  citizen :  I  have 
deemed  them  of  sufficient  interest,  respectfully  to  submit  them  to 
the  discriminating  mind  of  your  Majesty ;  possessing  as  they  do 
a  new  feature  in  the  additional  notes  and  information  afforded 
me,  thereby  rendering  the  work,  as  I  humbly  hope,  more  appli 
cable  to  the  present  day,  by  which  you  will  perceive,  Sire,  with 


what  rapid  strides  this  republic  is  advancing  in  civilization  and 
prosperity. 

The  late  brilliant  conquests  of  New  Mexico  and  California, 
place  her  in  the  new  position  of  an  Empire;  while  the  gold 
mines  and  placers  of  that  magnificent  region  have,  moreover,  un 
veiled  those  long  hidden  treasures,  realizing  the  fabled  "  El  Do 
rado''  of  that  great  navigator,  and  chivalrous  knight,  Sir  Walter 
Raleigh. 

Your  Majesty  enjoys  the  reputation  of  possessing  liberal  and 
enlightened  views  and  opinions ;  while  the  tranquil  prosperity  of 
Belgium,  and  the  happiness  of  a  loyal,  devoted  and  industrious 
people,  not  only  bear  witness  of  a  wise  and  good  legislation, 
but  evince,  also,  your  Majesty's  paternal  solicitude  in  their  wel 
fare,  presenting  a  moral  to  the  monarchy  of  Continental  Europe, 
— that  peace,  happiness  and  prosperity  can  be  secured  and  main 
tained  without  the  aid  of  tyranny,  or  the  sacrifice  of  the  blood 
of  the  people. 

Imbued  with  sentiments  of  a  hatred  of  despotism,  and  a  love  of 
liberty  in  its  exalted  and  enlightened  sense,  I  now  respectfully 
present  this  little  memento  of  my  late  amiable  and  lamented 
friend  to  your  Majesty,  hoping  it  may  afford  an  agreeable  hours 
entertainment,  and  be  deemed  a  faithful  delineation  of  the  cha 
racter,  manners  and  habits  of  America  and  the  Americans  in 
the  nineteenth  century. 

I  have  the  honor  to  be,  Sire, 
Your  Majesty's 

Most  devoted,  humble  servant, 

HENRY  J.  BRADFIELD. 


AMERICA 


AND 


THE   AMERICANS. 


BY    THE     LATE 


ACHILLE   MUKAT, 


CITIZEN    OF  THE  UNITED    STATES;   HONORARY  COLONEL    IN    THE    BELGIAN  ARMY 
AND    CI-DEVANT    PRINCE    ROYAL    OF    THE    TWO    SICILIES. 


(Ermt0latA  frnnr  tji? 


"I  came  to  America,  poor,  '"rfe-^less,  and  an  e:<Kl<s  Kiid  have  here  found  a 
home  and  country  which  Europe  refused  me  !'• 


BUFFALO: 
GEORGE  H.  DERBY  &  COMPANY. 

1851. 


Entered,  according  to  Act  of  Congress,  in  the  year  1849, 
BY  WILLIAM  H.  GRAHAM, 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States,  for  the 
Southern  District  of  New- York. 


A  WORD  FROM  TEE  TRANSLATOR. 


DURING  my  services  as  an  officer  in  a  regiment  of  Lancers  in  the 
Belgian  army,  of  which  Prince  Achille  Murat  was  Colonel,  he 
presented  me  with  a  copy  of  some  valuable  Notes,  which  he  had 
written  for  the  amusement  and  information  of  his  esteemed  and 
talented  friend,  the  Count  Thibeaudau. 

The  Prince  left  our  regiment  and  the  army,  much  to  the  regret 
of  King  Leopold,  in  consequence  of  the  absurd  jealousy  of  the 
Northern  Powers,  he  being  a  member  of  "  the  Bonaparte 
family"  !  What  a  change  has  now  come  "o'er  the  spirit  of  their 
dream" !  With  the  consent  of  these  very  powers  (more  from 
compulsion  than  free  will)  the  nephew  of  the  Emperor  is  Pre 
sident  of  the  Republic  of  France !  while  other  branches  of  the 
'proscribed"  family  are  holding  high  official  appointments. 
Thus  much  for  the  march  of  Liberty  !  and  well  hath  Byron  said  : 

"  Freedom's  blood  's  the  growth  of  Freedom's  tree." 

The  Colonel  was  not  only  much  esteemed  and  beloved  by  his 
corps,  but  from  his  amiable,  chivalrous  and  frank  manners, 
became  the  intimate  personal  friend  of  the  King ;  and  his 
society  was  moreover  much  valued  in  the  agreeable  and  enlight 
ened  circles  of  Brussels. 

I  arrived  in  the  United  States  with  the  hope  of  renewing  my 
acquaintance  with  him,  when  to  my  heartfelt  regret  I  learnt  that 
he  was  no  more. 

I  now  present  the  Notes  to  the  public :  they  bear  the  impress 
of  a  reflective  and  inquiring  mind,  and  have  afforded  no  small 
gratification  and  useful  information  to  many  of  my  literary  ac 
quaintance  in  Europe. 


IV  A    WORD    FROM    THE    TRANSLATOR. 

The  author,  it  would  appear,  had  for  his  object  throughout,  not 
only  the  welfare  of  his  adopted  country,  but  moreover  a  desire  to 
represent  America  and  the  Americans  in  a  faithful  and  interesting 
light  to  Europeans,  uninfluenced  by  party  feelings  or  political 
bias.  Hence,  actuated  by  a  sense  of  respect  for  my  lamented 
friend,  and  a  hope  that  the  accompanying  translation  of  the 
Notes  may  be  acceptable  to  the  American,  as  well  as  (more 
especially)  to  the  educated  and  reflecting  part  of  the  European 
public,  who  in  reality  know  so  little  of  the  United  States,  the 
internal  economy  of  her  institutions,  or  her  progressive  com 
mercial  wealth,  and  who  perceive  but  "  through  a  glass  darkly^ 
her  rapid  strides  to  the  accomplishment  of  a  future  destiny,  that 
of  forming  the  mighty  empire  of  the  Western  World,  I  offer  it  to 
the  public. 

Some  years  have  elapsed  since  the  Notes  were  written.  I  claim 
therefore  the  kind  indulgence  of  the  public  for  any  apparent  dis 
crepancies,  or  obsolete  data,  which  may  here  and  there  occur ; 
with  this  agreeable  reflection,  however,  and  to  an  American  espe 
cially  so,  that  a  comparison  with  the  present  period  will  shew  that 
intellect,  civilization  and  enterprise  are  adorning  with  increased 
luster  the  already  exalted  position  of  the  Republic  of  America 
among  the  nations  of  the  world. 

MAY  1st,  1849. 


DEDICATION. 


TO    COUNT    THIBEAUDAU. 

MY  DEAR  FRIEND  : 

ACTING  agreeably  to  your  suggestion  and  request,  I  wrote 
four  letters  on  the  United  States ;  which  I  addressed  to  you. 
As  an  act  of  justice  therefore,  I  dedicate  this  work  to  you. 
as  being  the  originator  thereof ;  and  trust  you  will  receive  it 
with  the  same  indulgence  as  the  previous  letters.  I  have  had 
but  one  object  in  view,  that  of  making  known  to  Europe,  espe 
cially  France,  the  institutions  of  the  United  States,  and  the 
manners  of  the  people. 

This  task  becomes  every  day  the  more  important,  inasmuch 
as  a  form  of  Government  similar  to  our  own  is  the  point 
which  the  people  of  Europe  are  aiming  to  accomplish,  not 
only  during  our  days,  but  since  the  revival  of  letters,  and 
that  period  when  the  Greek  and  Roman  began  to  penetrate  and 
dissipate  the  darker  ages  of  barbarism. 

The  people  of  Continental  Europe  have  lost  themselves  in 
seeking  after  liberty  in  a  metaphysical  sense,  and  have  abandon 
ed  practical  liberty,  which  I  alone  appreciate.  This  is  only  to 
be  found  in  the  United  States  of  America. 

This  principle  from  which  so  much  good  emanates,  and  which 
is  destined  to  govern  the  world,  is  what  is  called  in  America 
Self -government.  Provided  it  is  the  people  who  govern,  we  are 
satisfied.  It  matters  little  what  be  the  form  of  the  machine,  or 


CHAPTER   I. 

GENERAL  VIEW  AND  DIVISIONS  OF  THE  AMERICAN 
UNION. 

Proem. — European  Travelers  in  the  States — Their  Object  and 
Opinions — English  Travelers — America  more  agricultural  than 
commercial — Division  of  the  Union — Comparison  between  the 
Northern  and  Southern  States — Capital — Distinctions  of  Charac 
ter — New  England  States — Application  of  the  term  "  Yankee" — 
Their  rigid  Observance  of  Sundays — Anecdote,  "  Salt  fish  and 
apple  pies" — Boston — Her  Men  of  Genius  and  Patriotism — Educa 
tion — Population  of  New  York — Pennsylvania — New  Jersey  and 
Delaware — Virginia  and  her  "  Limbs  of  the  Law" — The  "Aristo 
crats"  of  the  Union — South  Carolina — her  "  Phalanx  of  Talent" 
— Charleston — her  Society  the  "  most  refined  in  the  world" — 
Customs  Tariff — Old  and  new  States — Advice  and  Opinion  to 
European  Emigrants. 

WASCISSA,  NEAR  TALLAHASSEE,  FLORIDA. 

You  call  on  me,  my  dear  friend,  to  fulfil  the  promise 
•which  I  made  you  in  quitting  Europe,  and  to  afford  you 
from  the  localities  themselves  a  faithful  picture  of  my 
adopted  country.  Is  it  still  your  intention  also  to  become 
a  citizen  ?  Nothing  would  afford  me  greater  pleasure. 
My  wish  I  fear  is  greater  than  my  hopes — however,  to  my 
task.  You  know  my  character  sufficiently  to  be  assured, 
that  although  entertaining  a  partiality  for  this  land  of  my 
adoption,  I  shall  not  be  the  less  frank  in  my  opinion,  while 
I  shall  alike  portray  faithfully  our  imperfections,  as  well 
as  our  good  qualities  :  for  as  it  may  influence  a  serious  de 
termination  on  your  part,  as  well  as  that  of  many  of  our 
friends,  I  should  grieve  to  find  you  influenced  or  misled 
by  any  wrong  deductions  on  my  part. 

Were  I  addressing  myself  to  a  business  man,  who  re 
quired  merely  details  as  to  the  manner  of  disposing  of  his 


10  AMERICA  AND  THE  AMERICANS. 


to  The.  best  aovautuga,  I  should  say  :  Remark  our 
increasing  prosperity,  and  you  will  therein  find  ample 
means  of  realizing  your  expectations.  But  this  however 
is  not  your  object,  at  least  your  principal  one.  Your  life 
has  in  a  great  measure  been  devoted  to  public  affairs,  and 
you  would  come  here  to  seek  principles  of  government 
more  in  conformity  with  your  own.  It  is  therefore,  rather 
a  knowledge  of  our  moral  state  of  society  which  you 
would  wish  to  become  acquainted  with. 

The  Europeans  who  visit  our  country,  with  the  excep 
tion  of  a  few  naturalists  in  search  of  shells,  plants,  &c.,  con 
fine  themselves  to  trifling  excursions  to  our  Atlantic  towns, 
and  return  to  Europe,  under  the  impression  that  we  are  a 
nation  of  merchants,  as  Napoleon  called  the  English  a  "  na 
tion  of  shopkeepers."  They  are  mostly  travelers  on  busi 
ness,  whose  sole  object  is  to  communicate  with  their  cor 
respondents.  They  think  not  of  our  government,  and  give 
themselves  no  trouble  about  it.  I  have  seen  many  who  have 
absolutely  denied  the  existence  of  one.  Very  few  visit  the 
interior,  or  enter  into  politics,  not  that  they  are  looked 
upon  with  mistrust  in  this  country  of  unfettered  freedom, 
but  their  friends  are  fearful  of  intruding  on  them  matters 
in  which  they  are  not  interested.  In  general  they  return 
to  Europe  under  the  persuasion  that  we  are  very  polite, 
and  possess  "  tact,"  that  a  government  still  exists,  because 
nobody  troubles  themselves  about  it,  everybody  appearing 
to  have  something  better  to  do.  There  are,  however,  ex 
ceptions.  Some  English  travelers  have  penetrated  into 
the  interior,  having  a  specific  object  in  view  —  that  of  ob 
serving  mankind. 

Even  when  the  English  shall  have  formed  a  correct 
idea  of  the  United  States,  it  follows  not  as  a  consequence, 
that  either  yourself  or  the  people  of  the  Continent  of 
Europe  should  be  influenced  thereby.  From  my  own  ex 
perience,  I  believe,  that  they  possess  no  more  just  notion 
of  England  than  of  America. 


AMERICA    AND    THE    AMERICANS.  11 

We  are,  in  fact,  more  of  an  agricultural  than  a  mercan 
tile  nation,  and  above  all,  one  full  of  reasoning  and  thought. 
Our  policy  is  so  different  from  that  of  Europe,  that  most 
of  the  few  strangers  who  do  reason  upon  the  subject  ab 
solutely  understand  nothing. 

You  have  only  to  cast  your  eye  over  the  map  of  the 
United  States,  in  order  to  be  convinced  that  the  agricul 
tural  interest  bears  the  palm  over  both  the  commercial  and 
manufacturing. 

The  first  grand  division  of  the  Union  lies  between  the 
States  recognizing  Slavery  and  those  opposed  to  it. 

All  the  States  south  of  the  Potomac,  and  Maryland  to 
the  north,  all  which  we  call  "  Slaveholding  States,"  are 
altogether  agricultural.  What  little  commerce  exists  is 
in  the  hands  of  people  from  the  North,  and  it  is  only  of 
late  years  that  Maryland  has  begun  to  apply  herself  to 
manufactures.  Throughout  this  whole  extent  of  country, 
Baltimore  is  the  only  eastern  town,  and  to  the  west  New  Or 
leans,  which  employ  their  capital  therein.  At  Charleston, 
Savannah,  &c.,  capital  is  in  the  hands  of  the  New  York 
merchants,  while  the  commercial  part  is  performed  there 
by  their  agents.  To  the  north-west  of  that  line,  the  coun 
try  is  altogether  agricultural.  This  is  the  case  in  Penn 
sylvania,  with  the  exception  of  Philadelphia.  To  the 
north-east  the  interests  are  at  least  equally  divided. 

This  first  division  has  a  sensible  influence  in  our  policy. 
The  northern  States  look  upon  our  slaves  and  prosperity 
with  a-  jealous  eye,  while  we  envy  them  nothing  :  all 
which  they  produce  we  consume,  and  if  they  have  more 
capital  than  we  have,  our  revenue  is  larger.  So  long  as 
they  confine  themselves  to  denouncing  slavery,*  and  in 
the  construction  of  establishments  on  the  coast  of  Africa, 

*  These,  I  beg  it  to  be  distinctly  observed,  are  Colonel  Murat's 
own  opinions,  as  well  as  all  other  of  a  like  personal  and  political 
character  throughout  the  work.  I  merely  follow  the  original  Notes, 
— TRANSLATOR. 


12  AMERICA  AND  THE  AMERICANS. 

we  will  not  take  umbrage,  but  should  their  spirit  of  prose- 
lytism  lead  them  to  attempt  the  emancipation  of  the  slaves, 
the  legislatures  of  our  States  would  be  compelled  to  interfere, 
and  should  Congress  wish  to  make  laws  in  reference  there 
to,  as  was  attempted  on  the  admission  of  Missouri  into 
the  Union,  the  noblest  structure  ever  raised  by  man — that 
of  the  great  Confederation  of  America — would  be  destroyed. 
The  southern  States  would  be  compelled  to  separate 
from  the  northern.  Such  an  event,  however,  I  hope,  is 
but  imaginary.  The  hypocritical  interest  a  certain  class 
of  men  affect  in  behalf  of  our  slaves  will  not  advance  them 
one  day  towards  emancipation,  but  only  tends  to  render 
their  position  in  some  respects  less  supportable.  This 
emancipation  (which  every  enlightened  man  desires  to  be 
accomplished)  can  only  really  be  effected  by  time  and  the 
private  interest  of  the  proprietors.  Any  attempt  to  precipi 
tate  this  measure  would  be  to  throw  open  the  southern 
States  to  internal  convulsions,  and  to  dissolution  of  the 
Union,  without  any  advantage  whatever,  accruing  to  the 
States  of  the  North. 

Another  grand  division  is  observable  in  the  character  of 
the  people,  between  those  of  the  south,  north-east,  the 
west,  and  centre.  This  is  so  strong,  as  to  change  altogether 
the  aspect  of  the  country. 

The  six  States  of  New  England,  Massachusetts,  Con 
necticut,  New  Hampshire,  Vermont,  Maine,  and  Rhode 
Island,  form  of  themselves  a  very  remarkable  constellation 
among  the  States  of  the  Union.  Their  interests,  pre 
judices,  laws,  even  to  their  peculiarities  and  accent,  are 
the  same.  They  are  what  the  rest  of  the  Union  call 
"  Yankees,"  a'term  which  the  English  very  erroneously, 
and  more*  from  ignorance,  apply  to  all  Americans  without 
distinction.  These  six  republics  fraternize  together. 
Their  industry  and  capitals  are  immense. 

Their  flag  extends  over  the  ocean.  They  man  both  our 
naval  and  mercantile  marine  ;  and  have  given  birth  to 


AMERICA  AND  THE  AMERICANS.  13 

many  of  our  greatest  men.  The  character  of  their  people 
in  general  is  remarkable,  and  distinct  from  every  other  on 
earth.  The  most  gigantic  enterprises  daunt  them  not ; 
argument  as  to  the  consequence  disheartens  them  not, 
while  they  are  characterized  by  a  spirit  truly  sui-gencris, 
These  men  appear  born  for  calculation  from  the  uttermost 
cent  and  rising  progressively  up  to  millions,  without  losing 
one  particle  of  exactitude  and  ordinary  insight.  They  are 
eager  to  amass  wealth,  and  will  frankly  confess  like  Petit- 
Jean  : — 

"  Que  sans  argent  1'  honneur  n'est  qu'une  maladie."* 

This  spirit  of  calculation  is  marvelously  connected  with 
a  rigid  observation  of  Sunday  which  they  call  "  Sabbath," 
and  of  all  the  puritanical  practices  of  the  Presbyterian  re 
ligion  which  they  have  generally  adopted.  Upon  this  point 
they  are  so  scrupulous,  that  a  brewer  was  censured  in  the 
church  for  having  brewed  on  a  Saturday,  which  circum 
stance  caused  the  beer  to  work  on  Sunday  !  This  is  cer 
tainly  a  specimen  of  religious  hypocrisy.  They  glory  in 
designating  their  country  as  "  the  land  of  steady  habits," 
not  that  they  are  more  virtuously  disposed,  but  that  they 
put  on  a  penitential  air  once  a-week,  and  on  Saturdays 
eat  salt  fish  and  apple  pies.f 

Boston,  their  Capital,  abounds  however  in  men  eminent 
in  letters.  It  is  the  Athens  of  the  Union :  it  was  the 
cradle  of  Liberty,  and  produced  several  of  her  most  zealous 
defenders  in  her  councils  as  on  her  battle-fields.  Instruc 
tion  is  there  on  a  more  extended  scale  than  in  any  other 
part  of  the  world.  They  have  extensive  views,  and  possess 
within  themselves  all  that  leads  to  great  results  without, 
however,  abandoning  the  sordid  principles  of  gain.  In  point 
of  politics,  these  six  States  are  united  and  vote  as  one  indi- 

*  "  Without  money,  honor's  a  disease." 

f  This  may  have  been  the  case  formerly,  but  it  certainly  is  not  so 
now. — TRANS. 


14  AMERICA    AlsD    THE    AMERICANS. 

vidual.  Within  them  is  the  seat  of  commercial  interest, 
although,  for  some  years,  they  have  turned  their  atten 
tion  towards  manufactures,  with  the  success  which  attends 
all  they  undertake.  The  country  is  very  populous — ex 
tremely  well  cultivated,  and  the  capital  there  employed  in 
agriculture  is  even  as  considerable  as  that  absorbed  by  com 
merce. 

The  Middle  States  are  far  from  being  so  united  in  in 
terest,  or  possessing  so  marked  a  characteristic.  The  State 
of  New  York  forms  a  nation  of  more  than  a  million  of  souls.* 

Nothing  in  the  world  can  be  compared  to  the  spirit  of 
enterprise,  activity  and  industry  of  the  people.  There 
are  no  contracted  views  here — they  talk  of  dollars  by  the 
million  ;  matters  of  interest  are  conducted  with  a  remark 
able  rapidity^  and  without  risking  any  very  serious  reac 
tion.  All  goes  forward  with  regular  but  giant  strides.  This 
state  of  things  received  a  great  impulse  from  the  active 
genius  of  the  Governor,  M.  De  Witt  Clinton,f  in  whom 
originated  the  first  idea  of  forming  the  great  canal  which 
unites  Lake  Erie  to  the  Sea.  The  activity  of  the  State  is 
so  powerful,  that  it  is  entirely  absorbed  in  itself,  and  has 
no  time  to  trouble  itself  with  the  affairs  of  the  Union. 
In  general  her  influence  therein  is  hardly  felt  ;  for,  being 
absorbed  in  herself,  as  it  were,  she  centralizes  in  her  own 
deputation  the  interest  of  agriculture,  commerce,  and 
manufacture.  Commercial  interest  is,  however,  therein 
paramount.  It  is  somewhat  remarkable  that  this  State 
has  furnished  but  few  men  of  superior  genius  to  the  na 
tional  councils.  Their  talents  seem  absorbed  and,  in  a 
measure,  annihilated  in  internal  policy,  which  is  of  an  ex 
tremely  complicated  character,  and  is  looked  upon  as  being 
full  of  stiange  intrigues  and  developments.  A  stranger 
would  comprehend  nothing  further  than  he  would  observe 

*  In  June,  1847,  the  population  amounted  aiitl  had  increased  to 
2,780,000. 

f  Hamilton  Fish  is  the  present  Governor. 


AMERICA  AND  THE  AMERICANS.  15 

personal  and  violent  party  feelings,  two  rather  unfavorable 
signs. 

Pennsylvania,  New  Jersey  and  Delaware  form  a  group 
which  resemble  each  other  still  more.  The  people  are 
remarkable  for  their  good  nature,  tranquility,  and  industry. 
With  the  exception  of  Philadelphia,  their  interest  is  generally 
more  of  a  manufacturing  and  agricultural  character.  These 
States  are  for  the  most  part  peopled  by  peacable  Quakers 
and  Germans.  All  goes  on  with  the  greatest  order,  with 
out  any  sudden  convulsions — almost  imperceptibly  so.  If 
Boston  be  the  sojourn  of  letters,  Philadelphia  is  that  of  the 
sciences  :  giving  rather  a  pedantic  character  to  her  society. 

New  Jersey  ventured  into  the  perilous  field  of  great  en 
terprises,  in  imitation  of  her  northern  neighbor  ;  but  event 
ually  confined  herself  to  the  establishment  of  a  few  schools, 
and  returned  to  her  wiser  policy  and  principles.  The 
Legislature  at  this  period  peremptorily  refused  the  incor 
poration  of  new  banks,  and  even  went  so  far  as  to  with 
draw  the  charters  from  some  already  established. 

Maryland  is  as  divided  in  her  interests  as  the  other 
States.  For  while  Baltimore  is  one  of  the  most  commer 
cial  towns  in  the  Union,  the  rest  of  the  country  is  agricul 
tural  and  manufacturing.  The  character  of  the  people 
presents  a  singular  amalgamation  of  the  simplicity  and  good 
nature  of  the  Quakers  of  Pennsylvania  and  the  pride  of 
the  planters  of  Virginia.  It  is  the  only  State  in  which  re 
ligious  intolerance  exists,  arising  more  from  ancient  custom 
than  actual  prejudice.  The  Jews  cannot  vote  here.  This 
State  finds  itself,  in  relation  to  its  negroes,  in  perhaps 
greater  embarrasment  than  Virginia. 

This  latter  State  has  held,  for  a  long  period,  the  highest 
position  in  the  Union,  by  means  of  her  policy  and  great 
men.  She  has  had  the  honor  of  giving  birth  to  four  of  our 
Presidents.  Virginia  has  fallen  however  from  her  state  of 
splendor,  which  may  chiefly  be  attributed  to  party  feud. 
Her  interests  are  entirely  agricultural  and  manufacturing. 


16  AMERICA  AND  THE  AMERICANS. 

The  character  of  her  people  is  noble,  generous,  and  hospi 
table,  with  however  a  little  tinge  of  roughness,  vanity, 
and  pride.  They  pride  themselves  on  their  good  faith 
above  all  things.  The  laws,  customs  and  policy  are  due 
to  this  praiseworthy  feeling.  They  are  very  united,  and 
venture  no  opinion  without  supporting  it  by  the  suffrage 
"  of  all  Virginia."  In  politics  they  are,  however,  personal, 
noisy  and  turbulent ;  and  the  State  of  Virginia  is  without 
comparison  of  all  others  that  in  which  the  "  limbs  of  the 
law"  most  abound.  Although  they  boast  of  their  democracy, 
they  are  the  only  true  aristocrats  in  the  Union.  Witness 
the  right  of  suffrage,  from  which  the  "  canaille"  are  ex 
cluded  in  the  State. 

The  principal  culture  in  Virginia  and  Maryland  is  to 
bacco  and  corn.  The  former  of  these  articles  requires 
negro  labor,  while  the  latter  is  more  profitable,  being  cul 
tivated  by  free  people.  Tobacco  quickly  exhausts  the  soil, 
and  will  only  grow  in  virgin  and  fertile  lands.  From  this 
state  of  things  it  follows,  that  these  lands  being  as  it  were 
exhausted  to-day,  at  least  proportionally  so,  and  the  price 
of  tobacco  being  diminished,  on  account  of  the  quantity  of 
that  article  cultivated  in  the  West,  the  planters  are  reduced 
to  the  growing  of  corn,  and  obliged  to  get  rid  of  their 
slaves,  who  have  become  as  it  were  unprofitable.  The 
day  is  not  far  distant  therefore,  when  these  two  States 
will  unite  with  those  of  the  North,  against  the  Slavchold- 
ing  States.  Within  a  few  years  they  (especially  Virginia) 
have  undertaken  the  cultivation  of  short  cotton,  which  cir 
cumstance  redeemed  the  value  of  their  negroes,  and  might 
possibly  have  been  the  means  of  Virginia  re-acquiring  her 
former  envied  splendor  and  prosperity.  Short  cotton,  how 
ever,  having  been  subject  to  the  same  fall  in  price  as 
other  cotton,  all  the  southern  States  are  consequently 
declining. 

North  Carolina  is  a  bad  copy  of  Virginia.  She  has  the 
same  interest,  the  same  policy,  and  navigates  in  the  same 


AMERICA  AND  THE  AMERICANS.  17 

waters  ;  and  notwithstanding  her  gold  mines,  she  is  the 
poorest  State  in  the  Union,  and  that  which  furnishes  the 
least  number  of  emigrants  to  the  new  countries. 

South  Carolina,  Georgia,  Alabama,  Mississippi,  and 
Louisiana,  constitute  properly  what  are  called  the  Southern 
States.  Their  interest  is  purely  agricultural.  Long  and 
short  cotton,  sugar,  rice  and  Indian  corn  form  their  pro 
ducts  ;  necessarily  requiring  negroes,  and  affording  a  suf 
ficient  profit  to  obviate  the  necessity  of  employing  their 
capital  otherwise.  The  goodness  of  the  soil  and  the 
luxury  of  the  climate  are  so  favorable  to  the  cultivator, 
that  he  finds  it  of  infinitely  more  advantage  to  employ  the 
negro  in  this  occupation  than  in  the  manufactories.*  Al 
though  the  character  of  the  people  varies  much  over  such 
an  extensive  line  of  country,  a  southerly  caste  is  observ 
able.  Frankness,  generosity,  hospitality,  and  the  liberality 
of  their  opinions  is  proverbial,  forming  a  perfect  contrast  to 
the  Yankee  character  ;  by  no  means  to  the  advantage  of 
the  latter.  In  the  midst  of  this  group,  South  Carolina  has 
distinguished  herself  by  a  phalanx  of  talent  unequaled  in 
the  Union.  In  my  travels  I  have  found  the  society  of 
Charleston  by  far  the  best,  both  here  as  well  as  on  the 
other  side  of  the  Atlantic.  There  is  nothing  wanting 
either  as  regards  finish,  or  elegance  of  manners  :  but  what 
is  of  more  value  to  people,  such  as  ourselves,  who  attach 
little  importance  to  refined  politeness,  she  abounds  in  real 
talents,  and  is  as  far  above  pedantry  as  insignificance.  In  all 
questions  of  a  common  interest,  this  is  the  leading  State. 
The  policy  of  the  others,  with  the  exception  of  Georgia,  is 
not  as  yet  sufficiently  established  to  enable  me  to  form 
an  opinion  thereon.  As  to  Georgia,  and  it  is  with  pain  I 
state  it,  nothing  equals  its  violence  of  factions,  except 
perhaps  Kentucky.  In  this  latter,  however,  the  dispute  is 
about  principles,  while  in  Georgia  it  is  about  men. 

The  other  States  form  the  West,  without  comparison 
*  I  have  now  my  doubts  of  this. 


18  AMERICA  AND  THE  AMERICANS. 

the  most  extensive  and  richest  part  of  the  Union,  and  will 
soon  become,  if  she  be  not  already,  the  most  populous  ;  and 
the  day  is  not  far  distant  when  power,  luxury  and  instruc 
tion  in  the  arts  will  follow  as  the  natural  consequence  of 
these  superior  advantages.  Their  interest  is  manufacturing 
and  agricultural,  although  the  former  predominates.  The 
character  of  the  people  is  strongly  marked  by  a  wild  instinct 
of  masculine  liberty  which  not  unfrequently  degenerates 
into  license,  as  simplicity  and  frankness  of  manners  ap 
proach  sometimes  to  the  rudeness  00  cynic  independence. 
The  universities  everywhere  established,  with  a  degree  of 
luxury,  promise  the  advent  of  a  generation  of  instructed 
and  talented  politicians,  whose  chief  object  will  be  to 
acquire  experience,  and  profit  by  the  faults  of  their 
fathers.  Our  country  is  so  happily  constituted  that,  with 
out  incurring  the  slightest  danger,  we  can  venture  to  put 
in  practice  either  a  law  or  a  constitution.  The  States 
mutually  support  each  other  like  expert  swimmers,  always 
ready  to  lend  a  helping  hand  in  need.  Moreover,  there 
exists  the  federal  constitution,  to  prevent  too  hazardous  an 
experiment.  It  sets  its  limits  to  these  experimentalists, 
and  it  is  by  this  influence  above  all,  that  each  citizen,  of 
whatever  State  he  may  be,  is  obliged  to  look  upon  it  as 
the  safeguard,  and  source  from  whence  the  future  great 
ness  of  our  republics  will  be  derived. 

I  have  spoken  of  the  manufacturing,  commercial,  and 
agricultural  interests,  without  fully  explaining  their  mean 
ing  ;  and  I  doubt  not  but  that  you  will  imagine  that  the 
western  States  are  full  of  manufactories  :  in  this  you  will 
deceive  yourself.  Their  interest  is  not  constituted  by  the 
manufactories  which  exist,  but  those  which  they  look  for 
ward  to  in  prospective.  Some  years  since  a  reform  of  the 
Customs  Tariff  was  proposed  to  Congress.  This  set  all 
in  motion.  Our  feuds  were  rekindled,  but  in  vain.  The 
interest  of  the  people  was  too  strong,  and  they  saw  too 
clearly  to  admit  of  its  becoming  a  party  affair.  The  towns 


AMERICA  AND  THE  AMERICANS.  19 

of  the  interior,  a  part  of  the  Central  States,  and  almost  the 
whole  of  the  West,  voted  in  favor  of  a  measure  which 
favored  their  manufactories  present  and  future.  The 
maritime  towns  and  some  places  bordering  on  the  canals 
of  the  East,  composing  the  commercial  interest,  were 
opposed  to  all  that  tended  to  diminish  even  for  a  moment, 
commercial  activity. 

The  whole  of  the  South  united  their  interest  with  the 
commercial,  and  made  a  strong  remonstrance  against  this 
tariff.  It  may  appear  singular  to  you,  but  I  remember 
that  I  was  myself  one  of  the  few  who  combated  this 
blind  measure. 

The  Tariff  passed,  but  amended  in  such  a  manner  that 
it  lost  much  of  its  power,  although  there  yet  remains 
enough  to  be  productive  of  much  good,  as  our  planters 
begin  to  perceive,  since  an  internal  market  has  been 
opened  for  their  cottons  towards  the  North  and  West, 
instead  of  being  dependent  on  foreigners. 

In  this  instance,  I  would  have  you  observe,  that  the 
center  was  divided,  that  the  East  and  the  South  were 
united  against  the  West.  In  the  event  of  a  European 
war,  the  contrary  would  happen — the  West  and  South 
would  be  united. 

Independent  of  the  two  divisions  which  I  have  pointed 
out  to  you,  there  exists  a  third  : — the  Old  and  New 
Countries.  This  division,  which  its  very  name  explains, 
cannot  be  observable  on  the  chart,  inasmuch  as  there  are 
many  districts  in  the  new  countries  connected  with  the 
old ;  although  in  a  general  sense  the  territories  and  all 
west  of  the  Allegany  Mountains  are  new.  This  division 
is  the  more  interesting  to  you.  And  it  is  one  which  I 
recommend  to  your  particular  notice.  Are  you  desirous 
of  establishing  yourself  in  the  new  or  old  countries  ? 
Both  have  their  advantages  and  disadvantages.  If  averse 
to  trouble  and  content  with  your  position  in  the  scale  of 
existence,  not  eager  for  further  advancement,  and  your 


AMERICA  AND  THE  AMERICANS. 

fortune  admits  of  living  comfortably  on  your  income — then 
live  in  the  old  States.  You  will  therein  find  the  arts  of 
Europe — its  luxury,  politeness,  and  a  little  more  hospitality, 
but  you  will  therein  be  a  comparative  stranger  during  the 
five  first  years  of  probation,  when  all  the  errors  you  may 
have  committed  during  that  period  will  be  registered 
against  you.  What  profession  would  you  select  ?  for  you 
must  not  think  of  living  an  idle  life  here,  you  would  become 
exhausted  with  ennui,  and  would  moreover  lose  all  con 
sideration.  Should  you  think  of  commerce  as  a  pursuit, 
or  should  you  pay  homage  to  Esculapius,  the  old  States 
present  the  most  resources.  Not  that  these  affairs,  com 
mercially  speaking,  are  carried  on  on  an  extensive  scale, 
nor  that  your  patented  assassinations  may  be  concealed 
in  the  crowd,  while  the  touching  recital  of  some  "  miracu 
lous  cure,"  skilfully  inserted  in  some  popular  paper  of  the 
day,  may  place  both  the  lives  and  purses  of  a  host  of  new 
patients  in  your  hands. 

Agriculture  wrould  there  bring  you  nothing,  and  wrould 
take  up  all  your  time.  It  is  profitable  only  to  small  proprie 
tors,  who  are  themselves  accustomed  to  work  the  plow. 
The  bar  will  open  to  you  a  vast  field  ;  but  you  will  then  be 
brought  into  rivalship  with  the  first  men  of  the  nation,  and 
most  assuredly  crushed. 

For  a  European,  however,  this  part  of  the  country 
would  best  suit  him  ;  it  more  resembles  Europe  ;  but  if 
he  has  not  been  the  victim  of  persecution  in  his  own  coun 
try,  or  if  he  possesses  not  a  strong  partiality  for  our  in 
stitutions,  I  would  by  all  means  recommend  him  to  stay  at 
home. 

On  the  other  hand,  let  him  come  to  our  new  pro 
vinces  ;  let  him  have  the  resolution  to  adapt  himself  at 
once  to  our  manners,  customs,  and  laws,  and  plunge  into 
the  midst  of  our  forests.  Abandoning  the  souvenirs  of 
past  luxuries,  let  him  familiarize  himself  to  privations  with 
a  fixed  determination.  Should  he  seek  commerce  as  a 


AMERICA    AND    THE    AMERICANS.  21 

pursuit,  let  him  establish  a  market  where  none  existed. 
If  the  bar,  let  him  be  the  first  barrister  to  plead  the 
first  cause,  at  the  first  term  of  the  new  court.  If  physi 
cian,  let  him  establish  his  reputation  where  he  finds  none 
to  oppose  him — not  even  the  dead.  Should  he  devote 
himself  to  agriculture,  let  him  seek  a  virgin  soil,  and  grub 
up  the  untilled  ground,  alone,  without  even  a  neighbor, 
and  his  industry  will  be  amply  rewarded.  He  will  find 
himself,  in  point  of  fact,  though  perhaps  not  in  right, 
naturalized  from  the  first  day  of  his  labors,  for  nobody  will 
be  there  to  interfere  with  him.  Whether  you  come  from 
Europe  or  from  a  distant  State,  you  will  find  no  estab 
lished  prejudices  or  reputations  to  contend  against. 
There  all  depends  on  individual  exertion  and  self-reliance. 
You  feel  the  influence  of  no  government — no  mockery  or 
follies  of  society  to  hurt  the  march  of  mind.  This  state  of 
things,  however,  is  but  of  short  duration  ;  in  the  space  of 
four  or  five  years  at  most,  villages,  towns,  universities,  &c. 
will  have  sprung  up,  as  by  the  wand  of  the  magician,  in 
all  of  which  you  will  take  a  deep  interest,  and  can  with 
pride  exclaim : — 

u  Quorum  pars  magna  fui."* 

And  if,  like  many  others,  you  preserve  the  habits  and 
taste  of  a  rural  life  in  the  woods,  quit  this, — emigrate 
every  two  or  three  years  towards  the  west,  taking  with 
you  your  light  equipments,  and  thus  persevere  till  the 
Pacific  Ocean  arrest  your  wanderings.  This,  however,  I 
must  frankly  confess,  would  not  be  altogether  agreeable  to 
me.  I  should  prefer  establishing  myself  where  I  witnessed 
the  laying  the  foundation-stone  of  a  town  or  city,  the  land  of 
which  I  assisted  in  clearing,  and  watch  its  progressive  ad 
vancement  until,  in  the  course  of  three  or  six  years,  I  be 
hold  a  new  State  arise,  as  if  by  enchantment ;  see  new 

*  Buffalo,  I  have  been  informed,  is  a  striking  illustration  of  this. 
—TRANS. 


22  AMERICA  AND  THE  AMERICANS. 

laws — new  social  edifices,  where  but  lately  the  barbarous 
cries  of  the  Indian  were  heard  in  pursuit  of  his  timid  prey, 
and  hear  our  mutual  interests  discussed.  I  have  myself 
pursued  such  a  course,  tired  of  the  every-day  routine  of 
society,  and  being  of  too  active  a  disposition  to  remain  idle. 
A  stranger,  I  will  not  disguise  to  you,  must  submit 
to  many  difficulties  and  privations  in  carrying  out  such 
a  resolution.  The  greatest  inconvenience  is,  that  he  will 
come  in  contact  with  a  host  of  intriguing  rascals  from  all 
parts  of  the  Union,  who  rendezvous  in  a  newly  settled 
State,  and  who  are  not  unfrequently  sufficiently  formidable 
to  take  the  government  upon  themselves.  This,  however, 
is  but  of  momentary  duration  ;  sooner  or  later,  by  resolu 
tion  and  perseverance,  integrity  and  honor  will  prevail 
over  these — while  the  occupation  of  driving  away  these 
pests  of  society  has  something  agreeable,  if  not  amusing, 
in  it.  It  is,  as  it  were,  the  image  of  a  mock  revolution,  as 
hunting  is  the  image  of  war.  Besides  this  principal  objec 
tion,  it  requires  a  degree  of  firmness,  courage,  &c.,  to 
wean  ones  self  for  years  from  all  educated  society,  and  its 
agreeable  accompaniments,  especially  to  a  man  of  superior 
mind  or  elevated  sphere  ;  he  has  no  theaters — none  of  the 
refined  comforts  of  life — no  elegant  mansion — no  journals 
of  the  day — no  letters  by  the  post — 

"  Je  n'ai  point  de  bon  vin  qui  nous  grise  et  nous  damne." 

To  effect  intoxication,  you  will  have  but  whisky 
known  to  you  under  the  name  of  schnaps.  We  live  a 
simple  life,  without  ostentation.  All  this,  however,  will 
be  changed  in  two  or  three  years  ;  and  in  truth,  he  who  is 
so  effeminate  as  to  regret  and  sigh  over  these  momentary 
privations,  as  paying  too  dearly  for  the  state  of  manly  in 
dependence  which  I  have  herein  depicted  to  you,  had  far 
better  remain  at  home  ; — we  can  well  dispense  with  such 
"  popinjays,"  as  Shakspeare  has  it. 

I  have  re-perused  this  letter,  and  fear  you  may  not  per- 


AMERICA  AND  THE  AMERICANS.  23 

fectly  understand  it,  without  a  word  of  explanation.  I 
consider  it  as  the  commencement  of  an  engagement  entered 
into,  to  afford  you  every  information  as  regards  my 
country,  until  you  cry  "  enough,"  or  you  yourself 
shall  come  over  and  prove  to  me,  that  my  persuasions  in 
reference  to  our  state  of  existence,  laws  and  government, 
have  been  the  result  of  observation,  experience,  and  truth  ; 
and  lastly,  that  our  Government,  and  ours  alone,  has  the 
advantage,  and  bears  the  palm  over  all  the  govern 
ments  of  continental  Europe.  I  have  developed  to  you 
some  new  views  which  France  might  profit  by,  where 
they  only  know  of  the  existence  of  the  United  States. 
The  twenty-four*  independent  republics  which  compose 
them,  each  has  its  own  laws,  constitution,  policy 
and  parties,  and  is  governed  in  a  manner  to  excite  ad 
miration  in  the  most  fastidious  politician  or  political  econo 
mist — revolving,  as  it  were,  in  its  own  orbit,  marked 
out  or  assigned  to  it  by  the  Federal  Government,  without 
coming  into  collision  the  one  with  the  other ;  nobody 
murmurs  against  it,  nor  even  troubles  his  head  to  find 
fault  with  it ; — the  whole  is  a  system  per  se,  unique  in  its 
formation,  and  undivided  in  character  and  principles. 

I  now  propose  calling  your  attention  to  their  internal 
policy,  and  their  relations  between  themselves. 

You  should  yourself  see  the  calm  and  majestic  advance 
ment  of  this  Republic.  You  can  form  no  idea  of  it ;  you 
who  have  but  had  a  glimpse  of  Liberty,  amid  the  tempest 
of  revolutions  (which  has  also  its  charms)  and  ruin  of 
parties.  Here  its  principles  are  imperishably  fixed  in  the 
mind  and  heart.  With  the  Government  the  people  are 
unanimous  ;  and  when  they  do  differ,  it  is  merely  in  regard 
to  persons  or  secondary  measures.  Is  a  bank  established  ? 
Is  a  canal  to  be  made  here  or  there  ?  A  law  adopted 
against  usury  ?  Shall  we  send  such  or  such  a  one  to 
Congress?  These  are  questions  and  objects  which 
*  If  I  mistake  not,  there  are  now  thirty-two. 


24  AMERICA  AND  THE  AMERICANS. 

occupy  the  minds  not  of  a  vacillating  minority,  but  the 
whole  nation.  Agitation  is  kept  up  till  the  object  in  view 
be  accomplished — then  all  is  quiet,  and  nobody  thinks  any 
more  about  it. 

In  my  next,  as  I  observed,  I  shall  draw  your  attention 
to  the  nature  of  the  internal  policy  of  these  republics,  and 
their  relative  positions  to  each  other. 


CHAPTER    11. 

GENERAL  VIEW— ORIGIN  AND  HISTORY  OF  PARTIES, 

Parties  in  the  Republic — Robert  Owen's  Principles — Sovereignty 
of  the  People — Power  of  the  Constitution — Election  of  Presidents 
— History  of  Federalism  and  Democracy — Their  Principles — 
Power  of  the  Citizens — French  Revolution — Napoleon's  Continen 
tal  System — Consequences  of  War  between  France  and  England 
to  the  United  States — Washington,  his  firmness — Adams  a  Tory 
— Character  of  Jefferson — James  Madison  a  Federalist,  after 
wards  a  Democrat — Governor  of  Connecticut  opposes  the  Presi 
dent — Convention  at  Hartford — Gen.  Jackson  the  Hero  of  New 
Orleans,  his  character — Crawford  of  Georgia — Henry  Clay  of 
Kentucky — Tallahassee,  its  origin  and  present  state. 

WASCISSA,  NEAR  TALLAHASSEE,  FLORIDA. 
IN  my  last  I  made  no  mention  of  the  parties  by  which 
the  Republic  is  divided ;  which  I  deem  necessary  in  order 
to  complete  the  general  picture.  If  all  men  possessed  the 
same  tastes,  and  mutually  understood  each  other's  interests, 
there  would  be  neither  party  spirit,  disorder,  nor  divisions  : 
while  on  the  other  hand  there  would  be  no  diversion,  no 
velty  nor  excitement ;  man,  transformed  into  a  mere  me 
chanical  machine,  would  vegetate  like  his  fellow  man,  like 
a  blade  of  wheat  in  the  midst  of  a  field  of  it.  Would  he 
be  happier  ?  Mr.  Robert  Owen  believed  so  ;  it  was  upon 
this  principle  that  he  established  his  new  societies.  As  for 
myself  I  think  differently  ;  the  pleasure  does  not  consist  in 
the  accomplishment  of  our  desires,  as  does  happiness  in 
the  accomplishment  of  our  passions  ;  opposition  is  necessa 
ry  ;  hence  without  opposition  there  is  no  happiness,  no 
diversity  of  opinion,  whence  we  arrive  at  the  truth.  The 
powers  of  the  mind  are  as  different  as  those  of  the  body. 
Hence  it  follows,  that  they  vary  not  only  in  their  des.'res, 
but  in  the  means  employed  to  satisfy  them, 


26  AMERICA  AND  THE  AMERICANS. 

It  is  this  which  constitutes  the  difference  between  a 
party  and  a  political  interest :  one  is  an  object  of  fact,  ac 
knowledged  by  all  the  world,  the  other  a  division  on  the 
means  by  which  we  arrive  at  it ;  the  blindness  of  passion 
is,  however,  sometimes  sufficiently  considerable  to  change 
the  real  interest,  while  ignorance  leads  them  astray.  The 
inhabitants  of  the  South  are  an  example  of  this  in  refer 
ence  to  the  Customs  Tariff.  They  forgot  their  interests — 
not  from  the  blindness  of  passion,  but  from  an  ignorance  of 
the  true  principles  of  political  economy.  In  Spain,  on  the 
contrary,  the  miserable  canaille  who  raised  the  cry  of 
"Viva  el  Rey  absolute  !  muera  la  naoion,"*  must  have 
been  in  a  state  of  mania,  so  far  to  have  forgotten  their  true 
interests. 

With  us  there  are  no  such  factions  ;  the  fundamental 
principles  of  government  are  fixed.  The  people  are  so 
vereign  by  the  law  ;  this  is  no  longer  a  subject  of  specu 
lation  ;  whatever  theoretic  opinion  may  be  upon  this  point, 
here  it  is  a  matter  acknowledged  by  the  written  law  of 
the  country.  The  people  are  free  to  declare  their  will, 
either  individually,  through  the  press  &c.,  or  collectively, 
through  the  conventions  and  assemblies  which  each  citizen 

O 

has  the  right  to  convoke,  and  which  assume  an  official 
character  as  soon  as  they  are  composed  of  a  majority. 
The  Constitution  recognizes  the  right  of  resistance  to  op 
pression.  It  is  not  therefore  on  the  mere  form  or  princi 
ples  of  government  the  parties  contend,  but  chiefly  on  men 
and  the  measures  of  administration.  Parties  formed  on 
such  differences  of  opinion  are  favorable  to  the  public 
cause  ;  as  the  wind  impels  the  ship,  against  which  it  has 
the  power  of  righting  itself.  The  others  are,  as  it  were, 
the  currents  by  which  the  vessel  is  cast  upon  the  rocks, 
drawing  it  to  inevitable  destruction.  However  violent 
party  spirit  may  be,  love  for  our  government,  with  which 
all  are  satisfied,  prevents  the  slightest  danger  to  the 
*  "  Long  live  the  absolute  king.  Death  to  the  nation." 


AMERICA  AND  THE  AMERICANS.  27 

State.  In  the  election  for  President,  all  the  Union  is  di 
vided  more  or  less  into  violent  parties  ;  but  on  his  nomi 
nation  all  party  spirit  disappears,  or  rather  is  adjourned  to 
the  next  election  ;  no  man  has  the  slightest  idea  of  resist 
ing  the  forms  of  the  Constitution,  although  the  favorite 
candidate  may  have  had  a  decided  majority  against  him. 
In  the  country,  I  have  seen  these  elections  conducted  with 
much  riot,  drunkenness,  fighting,  &c.,  but  never  have  I 
seen  the  suffrage  box  violated  or  the  liberty  of  voting  pre 
vented. 

A  party  consists  not  merely  in  a  difference  of  opinion  on 
an  isolated  measure  ;  but  an  assemblage  of  men  having  a 
political  code  on  which  they  are  agreed,  by  which  they 
judge  both  men  and  measures,  and  also  a  hierarchy  by 
which  they  are  more  or  less  blindly  influenced.  From 
this  definition  there  exist  but  two  parties  in  the  United 
States,  but  which  under  different  names  promise  to  perpetu 
ate  themselves  so  long  as  our  government  shall  last ;  these 
are  the  Federalists  and  the  Democrats.  In  order  to  un 
derstand  their  history  we  must  examine  their  origin,  and 
in  order  to  explain  their  principles  follow  out  the  compli 
cated  plan  of  our  Constitution. 

When  the  English  colonies,  which  had  made  so  many 
sacrifices  during  the  war  with  France  and  exhibited  so 
lively  an  attachment  to  the  mother  country,  were  compel 
led  to  take  up  arms  to  resist  the  tyranny  of  George  III. 
and  his  venal  Parliament,  there  existed,  as  yet,  no  idea 
of  independence.  Few  men  foresaw  it,  while  the  mass 
of  the  people  were  opposed  to  it.  Washington  himself 
at  the  commencement  had  no  idea  of  it.  The  colonies 
then  formed  thirteen  governments,  perfectly  isolated, 
the  one  from  the  other,  having  each  a  representative 
constitution,  and  receiving  their  governors  from  Eng 
land.  One  common  interest  engaged  them  to  form  a 
Congress  composed  of  delegates  or  plenipotentiaries  from 
the  sovereign  States.  When  this  Congress  proclaimed 


28  AMERICA    AND    THE    AMERICANS. 

the  independence  of  the  colonies,  there  then  existed  no 
question  of  a  treaty  between  them  ;  it  was  merely  an  al 
liance  against  the  common  enemy.  In  1778  these  States 
formed  a  confederation  which  was  far  from  being  so  united 
as  that  of  Germany — a  Congress  composed  of  delegates 
elected  differently  in  each  State,  voting  by  State,  repre 
sented  during  the  recess  by  a  committee  from  the  States, 
had  the  power  to  make  peace  or  declare  war,  to  call 
upon  each  separate  State  for  contingencies  in  troops  and 
money,  to  contract  debts,  fix  a  federal  coin,  establish  the 
postoffice  department,  create  courts  of  admiralty,  and 
lastly,  decide  any  differences  which  might  arise  between 
those  States.  The  States  on  their  part,  in  time  of  peace, 
renounced  the  privilege  of  raising  forces  by  land  or  sea  on 
their  own  behalf,  but  appointed  officers  from  their  own 
quota.  They  renounced  the  right  of  treaty  apart  from 
Congress.  The  citizens  of  one  were  to  enjoy  equal  rights 
with  those  of  another  State  in  which  they  might  be  resi 
dent.  The  States  kept  the  power  of  regulating  their  in 
ternal  commerce,  and  in  general  all  other  sovereign  rights, 
save  those  which  were  expressly  delegated  by  them  to 
Congress.  These  articles  were  only  ratified  in  1781,  and 
not  acted  upon  until  1787.  The  weakness  of  this  compact 
was  soon  perceived,  and  that  anarchy  and  probably  war  be 
tween  the  States  would  be  the  result.  A  new  Constitution 
was  proposed,  and  after  much  opposition  was  at  last  adopted 
and  ratified  by  the  States,  and  which,  with  some  trifling 
amendments,  exists  to  the  present  day.  The  history  of 
every  federal  government  has  demonstrated  the  weakness 
of  the  authority  of  such  governments.  To  remedy  this  evil 
it  was  resolved  to  invest  this  Federal  Government  with  the 
power  of  applying  itself  directly  to  individuals,  forcing  them 
to  obedience.  To  effect  this  the  governable  medium  was 
divided  into  two  classes,  objects  of  common  interest  and 
those  of  a  private  one.  Peace  and  war,  the  army  and  navy, 
foreign  commerce,  the  postoffice  and  mint,  belonged  exclu- 


AMERICA  AND  THE  AMERICANS.  29 

sively  to  the  Federal  Government.  The  civil  and  criminal 
laws,  as  also  the  administration  of  the  interior,  were  subject 
to  the  States.  The  army  was  rendered  independent  of 
them,  they  had  no  further  contingents  to  furnish,  as  the 
Federal  Government  could  raise  troops  at  pleasure.  It  was 
equally  made  independent  of  the  States  in  reference  to  its 
expenses,  in  the  creation  of  a  national  treasury,  and  the 
power  of  raising  contributions.  A  federal  judicial  power 
was  instituted  to  take  cognizance  of  differences  between 
citizens  and  strangers,  or  the  citizens  of  different  States, 
between  States,  and  cases  in  which  the  United  States  was  a 
party,  while  it  assumed  the  jurisdiction  of  the  admiralty.* 

This  reform  in  the  powers  of  Congress  required  one 
also  in  its  forms.  So  long  as  its  authority  merely  extended 
over  the  governments,  it  could  only  be  composed  of 
plenipotentiaries  ;  but  as  soon  as  the  question  applied  to 
individuals — it  became  necessary  that  they  should  be  re 
presented  therein.  Two  Chambers  were  the  result.  The 
Senate  is  composed  of  two  members  from  each  State, 
whatever  be  its  population.  They  are  appointed  by  the 
Legislature  of  the  State  for  a  period  of  six  years,  receiv 
ing  their  instructions.  The  Chamber  of  Representatives 
is  composed  of  deputies  from  the  people  of  the  United 
States,  divided  into  Electionary  Districts,  each  forming  a 
population  of  40,000  souls  ;  they  are  under  no  instructions, 
and  remain  two  years  in  office.  In  both  the  Chambers, 
the  votes  are  individual — and  the  concurrence  of  both  is 
necessary  for  the  passing  of  a  law. 

The  executive  power  is  vested  in  the  President,  who 
is  elected  for  four  years,  and  in  the  Senate,  which  ratifies 
treaties,  consents  to  and  advises  peace  or  war,  and  the 
nominations  to  different  appointments. 

*  The  State  of  New  York  has  always  opposed  the  jurisdiction  of 
the  admiralty  independent  of  the  tribunals  of  the  I anted  States  ; 
the  Constitution,  however,  appears  clear  upon  this  point. 


30  AMERICA  AND  THE  AMERICANS. 

The  judicial  power  is  entrusted  to  a  Supreme  Court, 
Circuit  and  District  Courts. 

From  this  it  will  be  seen  that  every  citizen  possesses  an 
interest  in  the  exercise  of  three  very  distinct  powers,  and 
is  thrice  represented  :  as  citizen  of  the  United  States,  in 
the  Chamber  of  Representatives  :  as  citizen  of  his  own 
State  in  the  Legislature ;  and  thirdly,  as  member  of  the 
Confederation,  and  part  of  a  sovereign  State,  in  the  federal 
Senate. 

Congress  is,  therefore,  composed  of  two  elements,  the 
one  repulsive,  the  other  attractive.  The  Senate  repre 
sents  the  individual  interests  of  the  isolated  States  ;  the 
Chamber  of  Representatives  the  interests  of  the  people  in 
general,  or  the  citizens  of  the  Union. 

From  this  extremely  complicated  but  altogether  novel 
order  of  things,  arises  a  system  of  balance  and  counter 
poise,  infinitely  above  all  that  had  ever  previously  existed. 
It  is  impossible  to  calculate  the  strength  of  such  a  govern 
ment.  It  is  constructed  in  such  a  manner  as  to  feel  the 
slightest  breath  of  public  opinion,  and  obey  it,  without 
resistance. 

In  its  origin,  this  form  of  government  was  not  generally 
well  understood,  and  met  with  much  opposition,  until  ex 
perience  demonstrated  its  solidity.  Those  who  were  in 
favor  of  the  Constitution  took  the  name  of  Federalists — 
their  opponents  that  of  Democrats.  The  Federalists  at  the 
time  were  composed  of,  1st. — People  of  great  foresight 
and  extended  views  (when  Washington  was  their  chief), 
desirous  of  perpetuating  the  union  of  the  States.  2d. — 
Ambitious  people  who  found  the  smaller  States  too  small 
a  theater  for  them.  3d. — The  remains  of  a  tory  or  aris 
tocratic  party,  who  perceived  in  the  adoption  of  this  Con 
stitution  the  accomplishment  of  a  great  step  towards  a 
monarchy  or  a  reunion  with  England.*  This  last  part  of 

*  See  the  highly  curious  and  interesting  "  Tory  letters"  now 
publishing  in  a  newly  established  paper  conducted  with  much  zeal 
and  talent,  entitled  the  "  Examiner" — TRANS. 


AMERICA  AND  THE  AMERICANS.  31 

the  Federal  party  was  a  long  time  in  the  ascendant,  but  it 
has  now  become  completely  defunct. 

The  Democratic  party  consisted  of,  1st. — Republicans 
of  good  faith,  intoxicated  with  the  momentary  triumph 
which  peace  had  given  them  over  England,  and  possessing 
too  much  confidence  in  the  strength  of  the  isolated  States. 
2d. — Ambitious  men  who,  having  cut  a  figure  in  their 
own  State,  were  fearful  of  being  eclipsed  on  a  new  theater, 
in  which  they  possessed  not  sufficient  confidence  to  ap 
pear,  and  3d. — Rational  but  sensitive  people,  who  feared 
the  establishment  of  a  monarchy  more  than  a  division  of 
the  Union. 

At  the  period  the  French  revolution  extended  its  ad 
vantages,  as  also  its  ravages,  over  the  whole  of  the  Conti 
nent  of  Europe,  England,  incapable  of  conquering  her, 
calumniated  her  in  its  journals,  which  were  the  only  ones 
then  generally  read  here,  in  consequence  of  the  identity  of 
language. 

The  Federalists  compared  the  Democrats  to  Jacobins, 
and  prognosticated  the  same  spirit  of  anarchy  should  they 
triumph — while  the  Democrats  called  the  Federalists 
agents  of  England,  enemies  to  the  National  Independence, 
Aristocrats,  &c.  This  first  division  continued,  and  created 
an  English  and  a  French  party,  which  lasted  under  the 
government  of  Bonaparte. 

At  that  time  these  parties,  which  were  but  Federalists 
and  Democrats  disguised  under  another  name,  took  a  more 
decidedly  national  position — arising  from  the  effects  of  the 
Continental  system  having  been  felt  among  us.  The  in 
habitants  of  the  maritime  towns,  and  all  those  having  a 
commercial  interest  at  stake,  both  here  as  well  as  in  Eu 
rope,  became  at  the  same  moment  anti-French,  and  con 
sequently  English  and  Federalists.  Those,  on  the  con 
trary,  who  thought  as  Jefferson  and  Patrick  Henry,  con 
sidering  large  towns  as  but  the  ulcers  of  a  republic,  were 
confirmed  in  their  principles. 


32  AMERICA  AND  THE  AMERICANS. 

The  commercial  restrictions  led  to  a  general  murmuring 
and  irritation,  which  was  by  no  means  lessened  by  the 
arbitrary  measures  of  England  ;  and  all  began  to  foresee 
war.  The  Federalists  feared  and  were  opposed  to  it, 
either  from  an  idea  that  it  would  weaken  the  Federal 
Government,  or  that  it  would  be  disadvantageous  for 
them  to  unite  with  France  against  England — or  lastly,  be 
cause  it  appeared  to  them  that  commerce  would  suffer 
more  from  a  war,  however  short  in  duration,  than  from; 
the  fetters  and  restrictions  which  the  belligerent  powers  of 
Europe  could  impose. 

The  Democrats,  on  the  contrary,  saw  in  war  a  fair  and 
favorable  chance  of  the  States  regaining  their  independence 
and  the  discomfiture  of  England.  Full  of  a  noble  national 
spirit,  they  dared  to  flatter  themselves  with  ultimate  suc 
cess  in  so  unequal  a  struggle.  Events,  therefore,  gave 
birth  to  two  new  parties,  those  of  war  and  peace,  which, 
after  all,  were  but  the  same  parties  considered  in  a  dif 
ferent  point  of  view. 

On  the  acceptance  of  the  Constitution,  Washington  was- 
elected  President.  That  great  man  was  one  of  the  first  to 
recommend  as  close  a  union  as  possible  between  the 
States  :  and  although  he  was  too  wise  and  firm  to  become 
the  chief  or  puppet  of  a  party,  public  opinion  considered 
him  as  favoring  the  principles  of  the  Federalists.  His 
firmness  towards  the  Ambassador  of  the  French  Republic 
tended  to  confirm  this  opinion. 

To  his  administration  succeeded  that  of  Adams,  which 
was  altogether  English,  and  Tory,  and  became  so  unpopu 
lar,  that  he  could  not  be  re-elected.  The  excess  of  his 
Federalism  turned  the  scale  in  favor  of  the  Democrats,  who 
elected  Jefferson.  Without  possessing  (properly  speaking) 
talent  so  superior  as  has  been  represented,  he  was  a  phi 
losopher,  a  man  of  letters  and  most  amiable. 

Nobody  could  have  rendered  himself  more  popular,  nor 
like  him  so  well  understood  how  to  organize  a  party.  He 


AMERICA    AND    THE    AMERICANS.  33 

possessed  so  much  influence  and  power  over  his  own,  that 
whatever  measure  of  administration  was  proposed,  it  im 
mediately  took  the  title  of  Democratic,  and  wras  carried  by 
his  party.  During  his  administration,  we  had  an  opposi 
tion  party,  which  made  a  habit  of  blindly  resisting  the  ad 
ministration,  as  in  England,  and  called  itself  Federalist. 

James  Madison,  who  commenced  his  career  with  the 
Federalists,  but  who  afterwards  occupied  a  distinguished 
place  among  the  opposite  party,  succeeded  Jefferson  in  the 
Presidency,  and  also  in  his  influence  over  his  party.  He 
declared  war.  This  measure  occasioned  a  division  in  tbe 
Federal  party,  which  was  broken  up,  and  its  very  name 
abandoned.  I  have  observed  that  one  part  of  the  Federal 
ists  were  republican  and  patriotic — while  the  other  was 
English  and  aristocratic .  The  former  of  these  resided 
principally  in  the  South,  the  latter  in  the  North  and  East. 
Both,  as  much  as  lay  in  their  power,  were  opposed  to 
war  ;  but  no  sooner  was  it  declared,  than  the  former  join 
ed  the  army,  to  shed  their  blood  in  the  common  cause, 
while  the  other  was  opposed  to  all  measures  of  defense. 

At  this  period  both  parties  found  themselves  acting  in 
direct  contradiction  to  their  principles.  Without  the  idol 
atry  of  the  Democrats  for  Jefferson,  and  the  excitement  of 
passions,  the  Constitution  would  doubtless  have  suffered 
from  the  war — it  wras  this  however  which  served  to  conso 
lidate  it  for  ever.  The  Democrats,  notwithstanding  their 
distrust  in  the  Federal  Government,  voted  an  army  of 
100,000  men,  and  direct  contributions  (and  which  they 
considered  as  both  unconstitutional  and  impolitic  in  the 
general  government)  ;  they  re-established  the  navy  which 
Jefferson  had  abolished,  and  by  their  confidence  in  the  ad 
ministration  increased  their  power  tenfold  in  zealously 
calling  under  arms  and  disciplining  the  militia  of  those 
States  over  which  they  exercised  an  influence.  The 
Federalists,  on  the  contrary,  opposed  obstacle  on  obstacle 
to  the  government  exigencies.  The  governor  of  Connecti- 
2* 


34  AMERICA  AND  THE  AMERICANS. 

cut,  though  called  upon  by  the  President  himself,  refused 
to  call  out  the  militia.  At  last,  after  two  unfortunate  cam 
paigns,  the  fault  of  which  lay  with  the  North,  the  deputies 
from  the  different  States  of  New  England  met  at  Hartford  to 
advise  about  the  means  and  necessary  measures  of  termi 
nating  this  unnatural  war  (as  the  partisans  of  England 
called  it). 

This  Convention  was  secret ;  it  sent  a  deputation  to 
Washington ;  but  arriving  at  the  moment  of  peace  being 
proclaimed,  nothing  resulted  therefrom.  This  Convention 
has  been  accused  of  a  desire  to  separate  the  New  England 
States  from  the  Union  ;  its  deliberations  having  been  held 
in  secret,  it  would  have  been  difficult  to  acquire  any  posi 
tive  information  on  this  point,  and  I  hope  for  the  honor  of 
the  gentlemen  composing  the  Convention  that  no  such  idea 
ever  entered  their  heads,  although  I  had  my  doubts  about  it- 

If  the  war  was  not  always  successful,  nothing  could 
have  been  more  glorious  than  the  peace  which  followed 
it !  It  sealed  the  triumph  of  the  Democratic  party.  It 
had  succeeded  beyond  its  most  exaggerated  and  most 
sanguine  expectations,  and  fully  profited  by  the  victory. 
The  Federalists  who  had  taken  a  part  in  the  war  now  re 
nounced  that  title,  which  had  become  odious,  and  it  was 
only  applied  to  the  members  of  the  Hartford  Confederation, 
and  their  partisans,  as  a  scornful  reproof.  All  the  journals, 
all  addresses,  &c.,  proclaimed  the  abolition,  the  triumph 
and  reconciliation  of  parties — each  according  to  their  caste 
— until  their  very  existence  was  buried  in  mutual  recon 
ciliation  and  harmony.  All  factions  disappeared,  and  even 
their  very  names  were  only  called  into  notice  in  election- 
disputes. 

It  may  however  be  easily  perceived  that  these  two 
parties  (in  the  primitive  sense  of  their  name,  divested  of 
all  accidental  circumstances)  form  the  essence  of  the  gov 
ernment,  and  ought  to  be  perpetuated,  only  under  different 
significations.  They  serve  as  a  counterpoise  one  towards 


AMERICA  AND  THE  AMERICANS.  35 

the  other,  and  keep  the  government  to  a  juste  milieu  course. 
One  observation  will  serve  to  dissipate  any  fears  which 
might  arise  in  reference  to  their  future  effect ;  it  is  that 
neither  is  desirous  of  changing  the  Constitution,  but  that 
on  the  contrary,  they  dread  its  destruction — the  one  from 
the  encroachments  of  the  Federal  Government,  the  other 
from  the  encroachments  of  the  governments  of  the  States. 
They  may  therefore  be  considered  in  the  light  of  two  vigi 
lant  sentinels  whose  object  is  negative. 

During  the  election  of  one  of  our  Presidents  many  peo 
ple  in  Europe  anticipated  that  a  civil  war  was  on  the  eve 
of  breaking  out.  Nothing  however  is  more  absurd  than 
such  an  idea  on  such  an  occasion.  The  excitement  and 
party  feeling  arise  entirely  from  the  personal  opinion  which 
each  elector  forms  of  the  candidates.  It  is  true  that  a 
remnant  of  the  Federal  party  stood  forth  in  favor  of  Adams, 
while  the  opposite  opinion  was  divided  between  his  three 
rivals.  Local  sentiments  or  sectional  feelings  had  much 
to  do  in  the  election.  All  the  East  voted  for  Adams,  while 
the  West  found  itself  divided  between  Jackson  and  Clay , 
Georgia  was  for  Crawford.  The  history  is  thus.  I  must 
however  first  premise  that  the  manner  of  electing  a  Presi 
dent  differs  in  the  different  States.  Each  State  sends  a 
number  of  electors  equal  to  its  delegation  to  Congress  ; 
they  vote  individually.  But  in  some  States  the  people 
vote  for  all  their  electors  at  once  ;  this  is  called  election 
by  general  ticket :  in  others  the  people  are  divided  into 
districts,  each  of  which  names  an  elector  ;  this  is  called 
voting  by  district :  and  lastly,  in  others,  the  electors  are 
named  by  the  Legislature.  Unless  one  of  the  candidates  has 
at  least  one  vote  more  than  half,  the  election  falls  into  the 
hands  of  the  Chamber  of  Representatives,  which  is  obliged 
to  choose  the  President  from  the  three  candidates  who 
have  the  largest  number  of  State  votes. 

Four  candidates  presented  themselves,  all  men  of  supe 
rior  talent,  but  whose  merits  were  differently  appreciated 


36  AMERICA  AND  THE  AMERICANS. 

— the  one  being  exalted  to  the  skies  by  some,  while  others 
took  a  pleasure  in  proportionately  depreciating  him.  I  give 
their  names  and  titles  of  recommendation. 

1st.  JOHN  QUINCY  ADAMS,  of  Massachusetts,  son  of  the 
ancient  President.  He  had  passed  the  greater  part  of  his  life 
in  a  public  capacity,  but  always  out  of  the  United  States. 
He  had  been  a  professor  in  the  belles-lettres,  and  was  alto 
gether  a  literary  character.  He  always  belonged  to  the 
Federal  party — even  when  in  later  days  he  endeavored  to 
depreciate  it.  He  was  remarkable  for  his  concise  diplomatic 
manners,  and  belonged  to  that  school  which  believed  that 
in  order  to  govern  it  is  necessary  to  ^deceive  the  people. 
At  the  time  of  the  election  he  was  Secretary  of  State. 

2d.  ANDREW  JACKSON,  of  Tennessee.  Brought  up  to 
the  bar,  where  he  distinguished  himself,  at  the  head  of 
some  militia  in  the  commencement  of  the  war  against  the 
Indians,  he  displayed  the  greatest  military  talents.  Appoint 
ed  General  of  the  Army,  he  gained  the  brilliant  victory  of 
New  Orleans,  and  by  his  administrative,  not  less  than  his 
military  talents,  saved  the  whole  of  the  West  from  an  in 
vasion.  He  was  always  a  Democrat,  remarkable  for  his 
austere  republicanism,  his  resolution,  the  clearness  of  his 
views,  his  upright  character,  and  for  a  probity  and  purity 
above  all  suspicion.  At  the  time  of  the  election  he  was 
Senator  in  Congress  from  the  State  of  Tennessee. 

3d.  W.  H.  CRAWFORD,  of  Georgia.  His  career  has 
been  chiefly  legislative  and  diplomatic.  He  had  been  Am 
bassador  to  France.  He  was  always  a  Democrat.  If  he 
had  been  remarkable  in  anything,  it  was  for  a  spirit  of 
turbulent  intrigue  and  corruption.  To  effect  his  private 
ends,  it  has  been  said  that  he  availed  himself  of  the  influ 
ence  which  the  Secretaryship  of  the  Treasury  gave  him, 
which  office  he  held  at  the  time  of  the  election. 

4th.  HENRY  CLAY,  of  Kentucky.  His  career  has  been 
legislative.  He  was  one  of  the  Ghent  plenipotentiaries. 
He  has  ever  been  remarkable  for  his  eloquence,  his  ad- 


AMERICA  AND  THE  AMERICANS.  37 

dress,  his  talents  as  a  barrister,  and  his  personal  amiability. 
He  was  Speaker  of  the  Chamber  of  Representatives,  and 
possessed  a  great  influence  among  the  members. 

Jackson  wanted  but  very  few  votes  to  win  him  the 
election.  Adams  was  far  behind  him,  while  Crawford 
followed  close  to  the  heels  of  the  latter.  It  rested  with 
the  Chamber,  therefore,  to  select  between  the  three  can 
didates.  Their  strength  in  the  Chamber  (where  the 
vote  is  dependent  on  the  States)  was  about  equal,  while 
the  election  depended  on  the  part  the  friends  of  Clay 
should  take.  They  declared  for  Adams.  Public  opinion 
loudly  condemned  this  election  as  opposed  to  the  will  of 
the  people,  inasmuch  as  Jackson  had  decidedly  a  consider 
able  majority  over  each  of  his  opponents.  The  nation 
deemed  its  authority  ought  to  take  precedence  and  form  a 
law  for  the  Representatives.  The  discontent  was  redoubled, 
and  the  people  became  more  clamorous,  when  the  very 
first  act  of  the  administration  of  Mr.  Adams  was  his  ap 
pointing  Mr.  Clay  as  Secretary  of  State.  From  one  end 
of  the  Union  to  the  other,  this  was  reprobated  as  a  most 
scandalous  proceeding,  while  from  all  parts  was  heard  the 
charge  of  corruption,  venality,  &c.  These  reports  may 
have  been  a  little  exaggerated,  but  the  proofs  of  an  odious 
proceeding  appear  too  clear  to  induce  me  to  disbelieve 
them  altogether. 

In  Europe  what  would  have  been  the  results  of  such  an 
election,  in  which  the  choice  of  a  people  was  trampled  on 
by  intrigue  and  the  most  barefaced  corruption  ?  A  civil 
war  would,  perhaps,  have  been  the  result,  while  for  some 
time  two  Presidents  would  have  held  the  reins  of  govern 
ment.  But  here  it  was  otherwise  ;  each  submitted  to  the 
law  without  a  murmur ;  with  the  full  determination  of  not 
being  made  a  dupe  of,  in  the  next  election.  Nothing 
could  have  been  more  majestic  than  the  spectacle  which 
the  nation  presented  on  this  occasion — bowing  the  head  in 
silence,  beneath  the  yoke  and  power  of  laws  which  they 


38  AiiERICA    AND    THE    AMERICANS. 

themselves  had  framed.  Public  opinion,  however,  is  here 
so  strong,  that,  whatever  be  the  administration,  it  is  guided 
by  it,  while  there  is  moreover  this  consolation,  that  if  it 
can  do  no  good,  the  people  will  take  very  good  care  it 
shall  do  no  harm.  Happy  would  it  be,  and  would  it  not 
be  desirable,  that  such  a  state  of  things  existed  every 
where  ? 

On  the  18th  of  January,  1826,  the  first  stone  of  the 
future  Capital  of  Tallahassee  was  laid  ;  a  year  previous  to 
this  event,  all  was  one  immense  forest  !  On  that  auspicious 
day  there  were  not  more  than  one  hundred  houses  and 
two  hundred  inhabitants,  and  one  newspaper.  A  discourse 
was  pronounced,  &c.  A  dinner  given,  at  which  fifty  per 
sons  were  present.  Cities  and  states  rise  here  as  if  by 
magic  !* 

*  The  population  of  the  Capital  of  Tallahassee  now  amounts  to 
1,800  inhabitants  :  it  is  regularly  laid  out,  and  has  several  public 
squares,  &c.  &c, 


CHAPTER    III. 

DESCRIPTION  OF  THE  NEW  SETTLEMENTS. 

What  is  a  Territory  .'—Formation  of  a  State— Compare^  to  the  En 
chanted  Gardens  of  Armida — How  peopled  and  governed — Com 
parison  between  the  Creek  and  Cherokee  Indians,  and  the  Irish 
and  Austrian  Peasantry — Indian  Trader — Cooper's  "  Pioneers," 
and  "  The  last  of  the  Mohicans" — War  between  Indians  and 
Hunters— Articles  of  Treaty — Squatters — Emigrants  in  the  Fo 
rests — Sale  of  Public  Lands — Figaro  and  the  Lawyers — "  Com 
fortable  Quarters" — Sessions— Novel  "Court  House" — Can 
vassing  for  Election  to  Congress — Court  Intrigue — An  Election 
"  al  fresco  " — The  Fortunate  Member — his  Duties — Value  of 
Rivers  and  Canals  to  Settlers — The  Bar  ;  its  Members — Quack 
lawyers — Motley  Assemblage  of  Settlers — The  Genus  "  Escroc  " 
— Celebration  of  "  Society  "in  the  new  State — The  Ball—"  No 
Dancing  Ladies" — Immolation  of  an  Ox  and  Pigs  on  the  occasion — 
Negro  in  the  "  Seat  of  Judgment ;"  his  Orchestra — The  Ladies — 
Costumes  of  the  Gents — States  purchased  from  France  and  Spain 
— British  Provinces — Annexation  to  the  States. 

LlPONA. 

YOUR  question  as  to  the  real  signification  of  a  territory 
is  rather  difficult  to  answer  correctly.  I  will,  howrever, 
attempt  to  do  so. 

I  shall  commence  with  a  metaphorical  allusion,  by  pic 
turing  one  of  those  heterogeneous  beings  mentioned  in  the 
fables  of  the  Greeks — a  sort  of  new  Proteus,  continually 
changing  its  form  under  the  pencil  of  the  artist.  May  the 
copy  possess  a  part  of  that  interest  which  the  original 
inspires  ! 

I  am  about  to  describe  to  you  the  birth  of  a  nation,  and 
the  history  of  its  progress,  until  it  attains  its  full  growth. 
In  the  short  space  of  a  dozen  years  you  will  perceive  it 
elevated  from  a  state  of  barbarism  and  ignorance  to  the 
summit  of  civilization.  To  you  this  appears  miraculous  ; 


40  AMERICA  AND  THE  AMERICANS. 

we  have,  however,  at  least  a  dozen  States  as  examples 
and  proofs  thereof: — three  States  are  now,  to  use  a  nau 
tical  phrase,  on  the  stocks,  which  afford  us  a  view  of  the 
process  of  this  transformation  of  nature  in  her  primitive 
state.  In  this  we  behold  rapidly  passing  before  our  eyes, 
and  may  study,  that  which  historians  represent  to  us  as  the 
work  of  ages.  Our  country  resembles  the  enchanted  gar 
dens  of  Armida  :  her  people  and  nations  multiply  as  in  an 
eternal  spring — 

"  E  mentre  spuerta  Pun,  Paltro  matura."* — TASSO. 

You  have  undoubtedly  observed  on  the  chart  of  the 
United  States,  the  comparatively  small  proportion  occu 
pied  by  the  different  States.  Has  it  ever  occurred  to  you 
to  inquire  by  what  process  these  immense  countries, 
which  belong  to  the  Confederation,  are  peopled  and 
governed  ?  I  will  endeavor  to  explain  this.  I  shall  give 
the  history  of  no  particular  State,  while  its  recital  shall  be 
a  general  formula  applicable  to  the  whole. 

The  Indians  occupy  the  space  beyond  the  limits  of  the 
States,  and  even  within  many  territories,  which,  by  treaty 
or  force,  the  Confederation  have  compelled  them  gradually 
to  abandon.  When  I  speak  of  the  Indians,  I  do  not  ex 
actly  mean  savages.  It  is  here,  in  fact,  where  the  mar 
velous  process  of  civilization  commences.  Many  nations, 
or  tribes,  west  of  the  Missouri,  who  had  never  seen  the 
white  man,  nor  had  any  direct  relations  with  him,  are 
doubtless  savages  ;  but  the  Creek  or  the  Cherokee,  shut 
up  in  the  midst  of  civilization,  cultivating  his  lands,  having 
organized  a  representative  government,  and  established 
schools,  approaches  nearer  to  it  than  the  Irish  or  Austrian 
peasant. 

A  white  man  arrives  in  the  midst  of  a  nation  yet  in  a 
primitive  state  of  complete  barbarism,  and  living  in  all  the 
pride  of  ignorance  and  anarchy  :  this  man  is  what  is  general 
ly  called  an  Indian  trader, — an  intrepid  hunter  and  uncon- 

*  While  one  springs  up,  the  other  grows  mature. — TRANS. 


AMERICA  AND  THE  AMERICANS.  41 

scionable  cheat  ;  he  takes  upon  himself  the  perilous  task 
of  traversing  unknown  countries,  where  danger  threatens 
him  at  every  step.  There  he  sells  powder,  arms,  coarse 
stuffs,  but  above  all  whisky,  in  exchange  for  furs.  In 
general  they  establish  themselves  on  the  banks  of  some 
navigable  river,  on  the  extreme  verge  of  civilization. 
These  white  men  generally  live  with  Indian  women,  who 
serve  them  as  interpreters.  Every  year  they  take  a  trip 
to  some  large  town,  for  a  fresh  supply  of  stock,  and  form 
for  a  long  period  the  only  means  of  communication  between 
the  white  and  the  red  man.  In  a  short  time  the  Indians 
not  only  become  habituated  to  the  conveniences  of  life, 
but  feel  they  cannot  do  without  them.  Formerly  they 
hunted  merely  with  the  object  of  obtaining  food,  but  now 
they  do  so  more  w^ith  the  hope  of  making  advantageous 
bargains.  This,  therefore,  is  the  first  step  towards  civil 
ization  among  them. 

On  the  other  hand,  the  American  hunters  form  a  class 
as  enterprising  as  it  is  intrepid.  The  Indian  trader ,  re 
turning  with  a  rich  booty  which  he  brings  from  a  country 
as  yet  unexplored,  where  he  finds  profitable  hunting 
gfounds,  a  fertile  soil,  and  wholesome  water,  resolves  on 
forming  an  emigration  party  of  his  brother  traders.  For 
the  description  of  this  migration,  however,  I  refer  you  to 
the  inimitable  works  of  Cooper,  viz.  :  "  The  Pioneers," 
and  "  The  Last  of  the  Mohicans,"  both  of  which  romances 
I  send  you.  You  will  therein  perceive,  that  they  have 
adopted  the  life  of  the  savage,  more  from  taste  than  ne 
cessity,  and  that  with  the  skill,  patience  and  energetic 
courage  inherent  in  that  race,  they  combine  and  teach 
them  the  mildness  and  humanity  of  the  white.  It  is  by 
their  means  we  first  obtain  the  knowledge  of  a  new 
country  ;  they  explore  it  throughout,  and  interest  us  with 
narrations  more  or  less  exaggerated. 

In  the  meanwhile  the  Indian  remains  not  ignorant.  He 
cannot  now  do  without  his  gun,  powder,  spirits,  and 


42  AMERICA  AND  THE  AMERICANS. 

clothing  ;  he  establishes  himself  in  the  neighborhood  of 
the  merchant,  and  begins  to  purchase  horses  and  cattle. 
The  introduction  of  tools  offers  him  the  facility  of  con 
structing  convenient  and  excellent  cabins,  while  the 
women  (squaws)  begin  turning  up  the  ground  around  it, 
and  there  planting  a  little  Indian  corn  'and  tobacco.  At 
last,  we  behold  Indian  villages  rising  in  the  desert.  The 
Indian  trader  is  making  large  profits  in  his  enterprising 
speculation  ;  other  merchants  follow  his  example,  and  the 
whole  country  becomes  overrun  with  hunters.  They  now 
mix  with  the  Indians,  and  are  not  long  before  getting  up  a 
quarrel  among  them.  It  is  generally  on  account  of  one 
of  these  disputes  that  a  war  is  almost  always  provoked, 
when  the  government  of  the  Union  intervenes,  for  the  first 
time. 

The  Indians  kill  all  the  whites  whom  they  fall  in  with, 
and  not  unfrequently  advance  into  the  very  heart  of  their 
establishments,  and  massacre  the  women  and  children. 
The  hunters,  on  their  side,  continue  the  war  with  an 
equal  degree  of  ferocity,  and  are  not  long  before  being 
joined  by  the  regular  troops  of  the  line,  or  the  militia  of 
some  neighboring  State.  The  Indians  are  defeated,  their 
cabins  burnt,  their  cattle  killed,  and  hostilities  are  brought 
to  a  close,  by  a  treaty  of  peace,  not,  however,  until  they 
have  learned  to  feel  and  appreciate  the  power  of  the 
United  States. 

The  Indians  select  for  themselves  chiefs,  who  assemble 
in  some  central  position,  where  they  hold  a  meeting  with 
the  United  States  commissioners.  They  there  have  a 
talk  or  conference.  The  articles  of  the  treaty  generally 
run  thus  : — 

1st.  The  Indians  to  give  up  the  greater  and  most  fertile 
part  of  their  possessions,  and  the  government,  under  the 
name  of  reservations,  guaranties  to  them  as  much  as  may 
be  agreed  upon. 

2d.  The  United  States  to  pay  them  an  annuity,  partly 


AMERICA  AND  THE  AMERICANS.  43 

in  cattle,  tools,  agricultural  instruments  and  provisions,  and 
partly  in  money. 

3d.  The  United  States  to  establish  an  Agent  in  their 
locality,  without  whose  permission  no  white  man  shall 
pass  the  frontier,  or  infringe  on  their  territories. 

4th.  The  Indians,  on  their  part,  are  bound  by  the  same 
reciprocal  conditions,  and  in  like  manner  subject  to  the 
permission  of  the  Agent,  by  means  of  a  passport. 

5th.  Should  any  difference  arise  between  the  white  men 
and  the  Indians,  the  complaint  must  be  made  to  the  Agent, 
who  is  authorized  and  empowered  to  arbitrate  between 
them,  and  award  justice. 

6th.  The  United  States  shall  establish  at  the  Agency 
or  banker's  house,  a  smith's  shop,  carpenter,  and  school 
master,  all  to  be  at  the  service  of  the  Indians. 

7th.  In  the  events  of  the  harvest  being  destroyed,  or 
the  crops  failing,  the  United  States  to  supply  them 
with  rations  till  the  next  harvest.  These  reservations 
may  still  be  seen  in  the  old  States,  and  even  in  New 
England.  Under  these  regulations  the  Indians  give  them 
selves  up  to  agriculture.  In  some  parts  towards  the  South 
they  have  prospered,  and  become  civilized,  but  in  general 
they  become  indolent  and  miserable,  while  their  numbers 
have  decreased  to  a  frightful  extent,  and  tribes  formerly 
powerful  are  now  totally  extinct. 

We  will  now  leave  the  Indians,  and  return  to  the  white 
population  now  establishing  themselves  in  the  countries  sur 
rounding  them.  The  war  which  has  taken  place  has  made 
them  more  fully  acquainted  with  the  country  .of  which  it 
was  the  theater  ;  and  the  government  begins  to  take  ad 
vantage  of  it.  Within  gun-shot  of  the  Agency  a  military 
post  is  established,  composed  of  forty  men  from  the  troops 
of  the  line. 

The  first  kind  of  settlers,  or  colonists,  are  what  we  call 
squatters.  These  are  poor  citizens,  in  general  possessing 
very  little  industry,  who,  having  no  means  of  purchas- 


44  AMERICA  AND  THE  AMERICANS. 

ing  lands,  live  on  the  lands  of  others,  locating  themselves 
on  them  until  expelled  by  the  proprietors.  Their  poverty 
originates  entirely  from  their  idleness  and  drunken  hahits, 
for  those  among  them  who  are  really  industrious  seldom 
fail  eventually  to  make  their  fortunes.  There  are,  how 
ever,  many  among  them,  who,  industrious,  and  possessing 
the  means  of  rapidly  increasing  their  means  and  progress 
ing  in  wealth,  pursue  this  kind  of  life  from  choice,  from 
taste,  and  sometimes  from  habit  itself.  They  have  in 
general  a  wife  and  children,  some  negroes,  and  sometimes 
numerous  flocks.  They  seldom  or  ever  sow  two  crops  on 
the  same  land  ;  but  on  the  contrary  quit  a  district  the 
moment  it  is  becoming  peopled.  Under  their  hands  the 
country  very  soon  assumes  a  new  aspect.  Every  seven 
or  eight  miles,  they  build  up  cabins  from  the  trunks  of 
trees.  Iron  being  too  precious  a  material  in  these  far  soli 
tudes,  wood  is  used  to  supply  its  place,  even  in  the  forma 
tion  of  hinges  and  locks.  One  of  these  cabins  is  erected  in 
two  or  three  days  with  facility  :  in  fact,  they  appear  to 
spring  up  as  fast  as  mushrooms.  More  than  once,  while 
wandering  in  the  woods  on  horseback  in  search  of  some 
strayed  horses  and  oxen,  I  have  in  the  very  midst  of  the 
forest,  fallen  in  with  a  wagon  loaded  with  furniture  and 
children,  accompanied  by  one  or  two  men  escorting  about 
thirty  or  more  cows  and  pigs.  After  the  questions, 
a  Where  do  you  come  from  ?"  "  Where  are  vou  a  going;  ?" 

J  u  O  O 

which  are  always  answered  in  good  humor,  the  chief  of  the 
family  would  ask  me  for  information  and  details  as  to  the 
nature  of  the  country,  and  beg  of  me  to  direct  him 
towards  the  nearest  creek  or  spring.  A  week  after,  much 
to  my  surprise,  I  beheld  an  excellent  cabin,  a  cattle  pen,  and 
poultry  :  the  wife  dressing  cotton,  the  husband  destroying 
trees,  by  making  a  circular  incision,  which  we  call  girdling, 
and  in  fact  settling  themselves  down  comfortably,  without 
troubling  themselves  as  to  whether  myself  or  anybody  was 
the  proprietor  of  the  land.  I  have  also  often  seen  them  after  a 


AMERICA  AND  THE  AMERICANS.  45 

few  days'  sojourn,  abandon  their  huts  without  the  slightest 
reason,  and  transport  themselves  to  Heaven  knows  where  ! 
This  population  of  squatters  is  sometimes  exceedingly 
numerous,  and  attracts  many  cattle  speculators,  and  the 
pedlar,  a  sort  of  nondescript,  who  differs  from  that  of 
Europe  only  in  the  circumstance  of  his  shop  being  con 
tained  in  a  wagon,  instead  of  being  carried  on  his  back. 

Among  these  first  settlers,  some  of  whom  are  des 
tined  to  make  large  fortunes,  while  others  remain  in  a 
wandering  and  unsettled  state  like  rolling  stones  "  which 
gather  no  moss,"  there  exists  no  form  of  government ; 
hence  all  disputes  are  amicably  arranged  by  a  fisty  en 
counter.  As  they  reside  out  of  the  United  States,  they 
trouble  themselves  neither  with  politics  nor  elections  ; 
their  lands  or  houses  are  to  them  but  of  secondary  value ; 
their  only  idea  of  the  value  of  property  is  in  the  possession 
of  cattle,  all  of  which  are  marked  ;  and  should  one  be 
stolen,  the  party  assembles  his  neighbors,  and  with  proof 
in  hand,  they  go  in  search  of  the  marauder,  on  finding 
whom  they  administer  a  flagellation  and  punishment,  more 
or  less  severe,  according  to  the  value  of  the  article  stolen. 
In  a  moral  point  of  view,  with  them,  cow-stealing  is  the 
greatest  crime.  Though  they  have  no  laws  among  them, 
the  increase  of  population  is  such  as  would  even  alarm  Mr. 
Malthus  and  his  friends.  Religion  is  confined  to  the  ob 
servance  of  the  Sabbath. 

Around  the  huts  which  I  have  described,  are  irregular 
fields  ;  where  the  trees  are  still  standing  but  dead ;  and 
surrounded  by  wooden  barriers.  ,  Numerous  footpaths, 
well  laid  out,  and  their  course  traced  by  marks  cut  in  the 
bark  of  trees,  lead  from  one  cabin  to  another,  while  wagon- 
tracks  may  be  seen  winding  amid  the  thick  shade  and 
antique  verdure  of  the  forest. 

In  the  mean  time,  while  all  this  is  going  on,  the  eyes  of 
enterprising  citizens  in  the  neighboring  States  are  open 
to  this  rich  booty  in  prospective  :  some  of  them  set  out  to 


46  AMERICA  AND  THE  AMERICANS. 

reconnoitre  ;  the  settlement  is  spoken  of  in  Congress. 
Government  proposes  to  erect  the  spaces  between  such  and 
such  limits,  into  a  territory  ;  a  bill  establishes  the  form  of  a 
territorial  government ;  the  first  step  of  which  may  be 
conceived  to  run  thus  : — 

1st.  A  Governor,  with  executive  power,  appointed  by  the 
President  of  the  United  States  for  a  determined  "number 
of  years.  He  gives  appointments  in  the  territories,  and 
has  the  right  of  pardon  in  all  cases  of  offense  against  the 
territory,  and  demurrer  when  the  offense  is  against  the 
United  States  ;  he  is  assisted  by  a  Secretary  of  State, 
who  acts  at  the  same  time  as  Treasurer. 

2d.  A  Legislative  Council,  and  executive  power,  com 
posed  of  twelve  members,  appointed  annually  by  the 
President  of  the  United  States.  They  frame  laws  upon  all 
subjects,  which  must  however  meet  the  sanction  of  the 
Governor,  and  which  may  be  rejected  by  Congress. 

3d.  The  judicial  power  is  composed  of  a  Judge  for 
each  of  the  districts  into  which  the  territory  may  be  di 
vided.  He  reconciles  the  jurisdiction  of  the  United 
States  and  the  Territory. 

4th.  A  delegate  is  every  two  years  chosen  by  the  people, 
to  represent  them  in  Congress,  where,  however,  he  has  no 
vote  ;  he  completes  this  simple  mode  of  government,  which 
I  shall  now  endeavor  to  explain  in  its  active  state.* 

The  second  step  which  generally  follows  the  creation  of 
a  territorial  government  is  the  establishment  of  a  land  dis 
trict.  I  have  already  observed  that  all  the  vacant  lands 
belong  to  the  United  States.  It  is  necessary  these  should 
be  sold.  In  all  the  States  which  have  been  admitted 
since  the  Union,  this  general  rule  does  not  hold  good.  In 
Kentucky  for  instance,  where  land-warrants  existed  (pa- 

*  If  I  mistake  not,  many  changes  have  taken  place,  both  in  the 
mode  of  administration,  election,  &c.,  in  many,  if  not  all  the 
States,  since  the  above  articles  were  drawn  up  in  these  letters 
written  by  Col.  Murat.— TRANS, 


AMERICA  AND  THE  AMERICANS.  47 

tents)  from  the  State  of  Virginia,  to  which  that  country 
originally  belonged.  In  Louisiana,  and  in  Florida,  conces 
sions  of  lands,  made  by  the  old  government,  the  rights  ac 
quired  by  the  old  inhabitants,  real  or  imaginary  sales  made 
to  the  Indians,  and  who  not  unfrequently  are  embroiled  in 
litigation  about  the  titles,  which  it  has  been  found  in  many 
cases  impossible  to  adjust.  In  order  to  effect  the  adjust 
ment  of  these,  an  administrative  commission  is  generally 
had  recourse  to,  which,  without  coming  to  a  decision  on 
the  conflicting  claims  of  individual  parties,  confines  itself  to 
separating  the  alienated  lands  from  those  subject  to  the 
authority  of  the  United  States.  To  these  latter,  therefore, 
we  will  confine  ourselves. 

There  exists  at  Washington  a  Public  Land  Department, 
which  corresponds  with  the  different  districts  into  which 
the  country  is  divided.  If  it  be  in  contemplation  to  form 
a  new  district,  its  external  limits  are  marked  out,  while  in 
general  a  central  point  is  selected  for  the  construction  of  a 
town,  probably  destined  to  become  the  new  capital  of  a 
State.  A  Surveyor-General  is  appointed,  who  transports 
himself  with  his  family  and  assistants  to  the  point  of  de 
parture  ;  from  this  place,  with  the  assistance  of  the  compass, 
the  surveyors  begin  by  tracing  the  base  and  meridian,  in 
going  from  north  to  south,  east  and  west,  in  a  direct  line 
through  the  woods,  marshes,  rivers,  &c.  ;  the  line  is  marked 
out  on  the  trees,  on  each  side  of  the  chain,  so  that  it  can 
be  easily  followed.  At  every  sixth  mile,  the  surveyors 
erect  a  pole  ;  from  these  poles,  other  lines  are  marked  out, 
parallel  to  the  base  and  meridian,  thus  dividing  the  coun 
try  into  squares  of  six  miles.  Each  of  these  squares  is 
called  a  township,  and  is  numbered  according  to  its  posi 
tion  ;  each  town  is  afterwards  divided  into  squares  of  a 
mile  in  extent,  by  means  of  the  lines  traced  out  on  the 
trees  ;  in  the  same  manner,  but  differently  marked,  these 
second  divisions  called  sections,  contain  640  acres,  and  are 
by  imaginary  lines  divided  into  eighths,  of  eighty  acres 


48- 


AMERICA  AND  THE  AMERICANS. 


each.  The  sections  and  eighths  in  each  town  are  numbered, 
which  numbers  are  indicated  on  the  poles  erected  at  the 
corners  ;  so  that  in  falling  in  with  a  line  in  the  midst  of 
the  woods,  and  following  up  to  the  corner,  you  will  know 
where  you  are.  For  instance,  my  house,  whence  I  write, 
is  situated  eastern  half  of  the  south-east  quarter  of  section 
eight,  township  one,  range  three,  south-east  from  Tal 
lahassee. 

There  is  one  important  provision,  which  is  this  :  the 
section  marked  sixteen  of  each  town  is  set  apart  to  defray 
public  education,  and  cannot,  therefore,  be  sold.  This 
operation  gives  employment  to  many  people.  The  Sur 
veyor-General  makes  contracts  with  the  surveyors,  for 
such  a  quantity  of  work  as  he  may  think  fit,  which  gene 
rally  turn  out  advantageously  to  the  latter. 

The  maximum  price  fixed  by  law  is  four  dollars  per 
current  mile,  which  is  not  too  much,  if  we  take  into  con 
sideration  that  each  surveyor  ought  to  have  six  or  seven 
men  to  assist  him. 

While  these  geodesic  operations  are  in  progress,  the  go 
vernment  is  being  organized.  The  Governor,  generally 
some  distinguished  man,  who  intends  establishing  him- 

O  /  O 

self  in  the  territory,  arrives  with  his  family  and  negroes. 
The  judges  then  gradually  arrive,  and  the  barristers 
and  lawyers  follow,  with  what  Figaro  calls  "  all  the  pro 
voking  and  outrageous  accompaniments  of  the  law  pro 
cesses  in  the  country."  Each  of  these  officials  generally 
has  a  family,  and  friends  who  accompany  them  with  the 
object  of  establishing  themselves.  The  Legislature  as 
sembles  in  the  midst  of  a  wood  ;  a  cabin  made  from  the 
trunks  of  trees,  a  little  larger,  but  of  the  ordinary  rude 
construction,  is  erected,  and  the  rustic  assemblage  there 
seat  themselves  in  their  Druidical  temple  with  as  much 
dignity,  and  often  as  much  talent,  as  is  to  be  found  in  the 
capital.  It  may  be  asked,  what  'matters  of  legislation  are 
there  for  discussion  in  a  society  yet  in  embryo,  of  which 


AMERICA  AND  THE  AMERICANS.  49 

there  exists  but  the  mere  skeleton  ?  They  are  these  :  to 
fix  on  the  locality  for  the  capital  and  other  cities,  if  there 
be  space  enough  ;  divide  the  territory  into  counties  ;  or 
ganize  justices  of  the  peace,  and  superior  courts ;  make 
civil  and  criminal  laws  ;  for  this  assembly,  although  held 
in  guardianship  as  it  were  by  Congress,  is  already  sov 
ereign.  This  done,  it  only  remains  for  them  to  petition 
Congress  on  all  subjects  which  they  deem  advisable  or 
advantageous  to  the  future  welfare  of  the  infant  State. 

This  first  session  of  Council  gives  immense  life  to  the 
territory  ;  but  that  which  gives  it  body  and  strength  is 
the  sale  of  public  lands. 

The  President,  when  he  thinks  proper,  publishes  a 
proclamation,  announcing  that  at  such  a  time  and  place, 
such  public  lands  will  be  sold.  A  Register  and  Receiver 
are  appointed  by  the  President,  and  the  great  day  of  sale 
at  last  arrives  — an  event  of  the  greatest  importance  to  the 
little  community. 

Already,  since  the  publication  of  the  proclamation,  the 
country  is  inundated  with  strangers — some  in  search  of 
lands  on  which  to  locate  themselves  immediately  ;  some 
to  purchase  in  behalf  of  a  son  or  relation  ;  while  others 
come  as  mere  speculators,  and  buy  only  to  sell  off  again. 

You  will  see  them  all,  with  compass  in  hand,  distri 
buted  about  the  country,  following  the  traced  lines,  ex 
amining  the  soils,  taking  notes,  in  the  most  profound 
silence,  and  avoiding  each  other  as  much  as  possible. 

Perchance  they  obtain  by  purchase  from  some  surveyor 
the  secret  of  some  yet  unknown  and  supposed  fertile  sec 
tion.  Concealed  beneath  their  cloaks,  they  carry  little 
plans,  containing  mysterious  ciphers — while  all  the  con 
versation  runs  upon  land,  its  quality,  and  probable  price, 
&c.  During  all  this  time,  intrigue  and  the  most  impu 
dent  and  barefaced  coquinerie*  are  exemplified  in  all  their 
•glowing  smiles  of  effrontery. 

*  Coquinerie.     Anglice :  Knavery. 
3 


50  AMERICA  AND  THE  AMERICANS. 

The  rising  capital  in  which  this  sale  takes  place  has  in 
the  mean  while,  since  the  holding  of  the  first  Council, 
assumed  a  new  form.  A  plan  has  been  adopted,  the 
streets  have  been  cleaned,  lots  sold  on  credit,  and  a  capital 
has  been  decreed.  A  crowd  of  people  are  expected  at 
the  sales,  courts,  assemblies,  and  the  Legislature.  Ho 
tels  now  spring  up :  deserted  for  the  greater  part  of  the 
year,  their  apartments,  as  yet  without  windows,  are  en 
gaged  beforehand  by  parties  about  to  occupy  them. 
Covers  are  laid  for  thirty  persons.  Two  or  three  large 
chambers,  which  you  would  scarcely  deign  to  call  barns,  re 
ceive  in  a  dozen  beds  twice  that  number  of  guests.  Those 
who.  cannot  be  accommodated  wrap  themselves  up  as 
snugly  as  they  can,  and  sleep  on  the  floor.  There  are 
here  no  reserved  places  either  for  dining  or  sleeping  ;  all 
is  here  in  the  true  (though  rather  uncomfortable)  spirit  of 
republicanism.  Each  pays  his  dollar,  and  has  the  privi 
lege  and  right  to  eat  and  sleep  where  he  pleases,  provided, 
however,  that  he  does  not  interfere  with  a  former  occu 
pant's  claim.  It  is  understood  that  one  bed  is  to  contain 
two  individuals,  and  nobody  is  so  ridiculous  or  fastidious 
as  to  trouble  himself  as  to  who  is  his  neighbor,  more 
than  in  the  pit  of  a  theater. 

At  last  the  great  day  arrives.  The  crowd  increases  ; 
while  the  speculator  and  agitator  are  seen  in  movement 
and  consultation.  The  farmer  who  wishes  to  establish 
himself  is  perfectly  calm  ;  he  has  already  made  his  selec 
tion,  and  fixed  his  price.  The  hour  approaches — the 
poor  squatter  hastens  to  the  town.  He  has  worked  hard 
throughout  the  year,  in  order  that  he  may  be  enabled  to 
purchase  the  little  spot  of  land  on  which  his  house  is 
built.  Perhaps  for  the  want  of  a  dollar  or  two  it  will  be 
taken  from  him,  at  the  hands  of  some  greedy  speculator. 
Anxiety  and  trouble  are  depicted  in  his  honest  and  ruddy 
countenance.  An  agitator  approaches,  sympathizes  with 
him,  and  offers  to  withhold  his  pretensions  for  the  sum  of 


AMERICA  AND  THE  AMERICANS.  51 

three  dollars  :  the  poor  ignorant  man  gives  it,  without 
suspecting  that  the  barterer  has  not  the  means  of  out 
bidding  him.  This  is  called  hush-money.  The  crier  offers 
the  lands  by  eighths,  commencing  with  a  section  and 
town  in  regular  order.  The  prices  are  different,  but  the 
bidding  always  begins  with  a  dollar  and  a  quarter  the  acre, 
that  being  the  lowest  price  at  which  the  States'  lands  are 
sold.  An  old  Indian  village,  a  situation  for  a  mill — the 
plantation  of  a  squatter — a  locality  on  a  road  or  river, 
where  a  town  or  depot  is  likely  to  be  established — are  all 
fortuitous  circumstances  which  augment  the  value  of  lands 
tenfold  or  more.  All  these  sales  are  moreover  made  ac 
cording  to  the  real  or  imaginary  lines,  in  which  it  not  un- 
frequently  happens  that  the  field  or  the  house  of  some 
unfortunate  squatter  has  to  be  divided. 

The  sale,  and  all  the  excitement  accompanying  it,  lasts 
until  all  the  lands  enumerated  in  the  proclamation 
have  been  put  up.  Those  lands  which  remain  in  the 
hands  of  the  United  States  may  be  entered  at  100  dollars 
the  eighth.  Hence  they  who  are  good  judges  of  fertile 
lands,  and  are  aware  they  are  the  only  ones,  will  do  better 
to  wait  till  this  period  ;  for  finding  themselves  without 
competitors,  they  obtain  them  at  a  low  price. 

The  sale  is  now  over.  Speculators,  with  title-deeds  in 
their  pockets,  have  returned  home  to  make  the  necessary 
arrangements  for  departure  to  their  new  habitations.  The 
planter  is  off  to  fetch  his  family  and  negroes.  The  poor 
squatter ! — he  too  is  gone  home  with  a  heavy  heart,  in 
consequence  of  his  prospects  and  hopes  not  having  been 
realized,  and  is  compelled  to  go  once  more  in  search  of  a 
new  spot  whereon  to  settle,  and  begin  the  world  again — 
if  such  poor  efforts  may  be  so  called  ;  or  perhaps  he  will 
engage  himself,  as  a  manager,  to  the  planter  who  pur 
chased  his  house  and  grounds  :  for  it  may  be  as  well  to  ob 
serve  here,  that  it  is  the  interest  of  the  planter,  up  to  the 
moment  of  his  requiring  the  land,  to  leave  him  in  pos- 


52  AMERICA    AND    THE    AMERICANS. 

session,  whose  presence  on  the  spot  is  doubly  advantageous 
to  him. 

The  inhabitants  of  the  town,  particularly  the  inn 
keepers,  have  realized  a  handsome  sum.  In  place  of 
their  log-houses,  elegant  houses  made  of  boards  and  timber- 
work,  painted  in  all  sorts  of  colors,  are  erected  as  if  by 
enchantment  in  the  very  heart  of  the  wood,  which  now 
assumes  the  name  of  city.  Trees  are  cut  down  on  all 
sides  ;  their  burning  stumps  and  roots  indicate  the  spots 
destined  for  streets  and  public  places.  Its  importance  is 
soon  increased  by  the  establishment  of  a  postoffice,  and 
the  residence  of  a  postmaster — somewhat  of  an  impor 
tant  personage,  for  in  its  actual  state  the  accession  of  a 
family,  or  even  an  individual,  is  anything  but  a  matter  of 
indifference.  Daily  journals  are  now  started  ;  each,  be 
sides  one  from  Washington,  or  some  Atlantic,  town,  re 
ceives  that  from  the  village  whence  he  emigrated,  for 
every  village  has  its  own  newspaper.  The  reviews  and 
magazines,  the  literary  journals,  and  novelties  of  all 
descriptions,  now  begin  to  arrive  from  New  York,  from 
Philadelphia  ;  and  those  from  England,  at  moderate 
prices,  one  or  two  months  after  their  publication  on  the 
other  side  of  the  Atlantic.*  I  remember  I  read  here 
one  of  Sir  Walter  Scott's  last  romances  before  it  had  even 
reached  Vienna.  We  will  now  take  leave  of  the  town, 
and  see  how  far  the  improvements  of  the  surrounding 
country  correspond  with  it. 

The  planter  has  returned  home,  has  sold  his  lands  and 
house,  has  increased  the  number  of  his  negroes,  and  taken 
his  final  departure  with  all  he  possesses  ;  his  furniture  and 
provisions  in  his  wagons,  his  negroes  on  foot,  himself, 
wife  and  family  in  a  coach  according  to  his  circumstances. 
The  evenings  they  encamp  ;  traversing  deserts,  opening 
roads,  constructing  bridges,  until  at  last  they  arrive  at  his 

*  Now,  from  the  rapidity  of  steam  navigation,  at  least  within 
a  month. — TRANS. 


AMERICA  AND  THE  AMERICANS.  53 

new  possessions.  His  first  object  is  to  set  about  building 
wooden  huts  and  cabins  for  his  family  and  negroes.  This 
occupation  lasts  two  or  three  weeks  ;  during  which  time 
they  bivouac.  A  field  is  now  soon  opened  and  planted  ; 
while  the  great  difficulty  is  in  the  means  of  subsistence 
during  the  first  year  ;  which  may  be  truly  called  a  year  of 
probation..  Indian  corn  is  scarce,  always  dear,  and  its 
transport  very  expensive.  Happy  the  squatter  who  has 
realized  a  good  harvest,  and  can  dispose  of  it,  if  he  hap 
pens  to  be  settled  near  a  planter.  He  makes  his  own 
price,  enters  his  own  land,  becomes  himself  a  planter,  and 
establishes  the  foundation  of  an  independent  fortune.  Spots 
which  were  lately  in  spare  cultivation,  dotted  here  and 
there  with  a  miserable  hut,  surrounded  by  trees,  now  be 
come  rich  cultivations  of  from  50  to  100  acres;  the  first 
year  protected  by  strong  fences  or  hedges  ;  huts  forming 
regular  villages  for  the  negroes,  and  finally,  a  large  log- 
house^  containing  three  or  four  commodious  chambers,  with 
kitchen,  stable,  &c.,  for  the  family.  These  buildings  have 
perhaps  a  miserable  appearance  externally,  but  enter  them  ! 
It  is  a  country  of  contrasts.  Beneath  the  roof  of  this 
wild  habitation,  you  will  find  a  family  almost  as  well 
brought  up  and  educated  as  many  in  Boston  and  New 
York.  Their  manners  are  far  from  rustic.  They  have 
quitted  the  world  for  a  time,  and  are  creating  a  new  one 
around  them.  They  receive  their  letters  and  journals,  and 
are  well-informed  in  the  politics  of  the  4ay-  Among 
these  you  will  not  unfrequently  find  an  establishment  in 
habited  by  one  whose  name  has  been  honorably  mentioned 
in  the  papers,  and  one  who,  perhaps,  has  distinguished 
himself  for  his  eloquence  in  Congress,  or  some  State 
Legislature.  He  is  a  citizen,  come  with  the  resolution  of 
founding  a  new  country.  The  women,  above  all,  support 
these  privations  with  a  patience  truly  angelic,  softening  by 
their  presence  the  natural  wildness  of  such  energetic 
scenes,  and  producing  by  their  affection  and  solicitude  a 


54  AMERICA  AND  THE  AMERICANS. 

singular,  but  soothing  and  agreeable,  contrast  to  the  savage 
prospect  around  them.  A  planter  never  comes  alone  ;  he 
has  influenced  parents  or  friends  to  emigrate  with  him,  or 
at  least  to  pay  a  visit  and  see  the  country,  where  the 
greater  part  of  these  visitors  ultimately  establish  them 
selves.  In  the  midst  of  his  improving  plantations,  and 
the  circle  of  his  family  and  old  friends,  he  lives  in  his  new 
home  happy  and  comfortable,  from  which  he  is  seldom 
called  away  on  other  matters.  He  is,  however,  obliged 
to  serve  on  juries  ;  the  first  court  is  about  to  open  its  ses 
sions,  and  the  sheriff  has  arrived  to  cite  and  dine  with 
him.  A  Judge  is  also  arrived,  who  is  in  general  a  man  of 
merit,  who  may  be,  however,  as  frequently  happens  in 
this  new  state  of  society,  the  refuse  of  other  tribunals. 
As  yet,  there  is  no  court-house.  The  Judge,  therefore, 
faute  de  mieux,  selects  either  the  large  saloon  of  the  tav 
ern,  or  some  spacious  granary.  I  have  seen  the  court  sit 
in  a  store,  where  boards  placed  on  barrels  of  pork  and 
flour  formed  seats  for  the  audience.  A  week's  session 
also  gives  rise  to  much  amusing  excitement,  and  fills  the 
pockets  of  the  hotel-keepers.  People  crowd  to  it  from 
within  a  circuit  of  fifty  miles,  either  on  matters  of  busi 
ness,  or  mere  curiosity.  The  period  of  this  meeting  is 
turned  to  advantage  by  all  parties.  The  one  offers  his 
negroes  for  sale,  the  other  exhibits  the  graces  and  superior 
beauty  of  his  favorite  thorough-bred  stallion,  in  order  to 
gain  customers.  Lawyers  seek  clients,  and  doctors 
patients.  The  sheriff  opens  the  court,  calls  over  the 
causes,  and  all  is  silence. 

In  two  rows  are  seated  four  and  twenty  free  men,  heads 
of  families,  housekeepers,  forming  the  grand  jury.  But 
what  a  motley  assemblage  !  From  the  huntsman  in  his 
leather  shirt  and  breeches,  whose  beard  has  not  felt  the 
edge  of  a  razor  for  at  least  a  month  ;  the  squatter  in  his 
straw  hat,  and  dressed  in  coarse  domestic  stuffs  made  up 
by  his  wife  ;  the  little  merchant,  showing  off  in  all  the 


AMERICA  AND  THE  AMERICANS.  55 

elegant  exaggerated  graces  of  the  counter,  sitting  by  the 
side  of  the  blacksmith,  even  to  the  wealthy  planter  but 
lately  arrived — in  fact  all  ranks,  all  professions  and  trades 
jumbled  together  ! 

Silence  is  again  called,  and  the  drama  opens.  The 
barristers  plead  their  causes  according  to  their  capacity 
and  talents.  The  Judge  makes  his  charges  with  as  much 
dignity  as  if  he  were  sitting  in  Banco  Regis,  in  Westminster 
Hall,  while  the  verdicts  are  given  devoid  of  that  whim 
sical  appearance  which  those  courts  and  juries  present. 
Evening  arriving,  the  court  adjourns  to  the  following 
morning.  The  same  scene  again  presents  itself,  with  this 
addition,  that  the  pleaders  amuse  the  people  in  the  differ 
ent  taverns  by  a  harangue  or  resume,  on  the  justice  of 
their  causes,  &c. 

The  period  of  opening  the  court  is  taken  advantage  of 
by  the  candidates  for  the  post  of  delegate  to  represent  the 
people  in  Congress.  With  the  assistance  of  their  friends, 
they  commence  a  vigorous  canvass  among  the  assembled 
multitude  to  gain  their  suffrages,  and  employ  all  possible 
means  of  persuasion,  and  sometimes  cunning  deception, 
to  accomplish  the  object  of  their  ambition.  Histories  of 
each  candidate's  career  are  alternately  vaunted  and  given 
the  lie  to.  Each  addresses  himself  to  the  people,  to  whom, 
his  friends  also  address  themselves  in  his  behalf.  Then 
disputes  begin,  which  from  the  soft  persuasion  of  oral 
eloquence  generally  terminate  in  a  sturdy  pugilistic  battle, 
particularly  towards  evening,  when  temperance  is  not 
quite  the  order  of  the  day  ;  as  each  candidate  regales  his 
friends  with  strong  potations  "  ad  libitum  et  usque  nau 
seam."* 

To  enjoy  an  election,  however,  a  stranger  must  see  it 
u  al  fresco"  in  the  country.  The  day  arrives — for  several 
months  the  candidates  and  their  friends  have  been  actively 
engaged  in  canvassing,  going  from  house  to  house,  an<i 

*  Anglice  :  As  much  as  you  like  till  drunk.— TRANR. 


PO  AMERICA  AND  THE  AMERICANS. 

settlement  to  settlement,  full  of  persuasion,  explanation, 
solicitation,  &c.,  until  the  poor  elector  becomes  complete 
ly  bewildered  with  promises.  In  general,  the  friends  of 
the  candidate  give  themselves  more  trouble  than  he  him 
self.  The  Governor,  by  proclamation,  has  fixed  the  day, 
and  divided  the  country  into  sections,  in  each  of  which  he 
selects  a  central  house,  and  appoints  three  election  judges 
or  scrutiniers.  These  three  dignitaries  of  a  day  assemble 
at  early  dawn,  and  swear  on  kissing  the  Bible,  to  demean 
themselves  with  integrity,  &c.  They  seat  themselves  at 
a  table  near  the  window.  An  old  cigar  box  duly  patched 
up,  with  a  hole  in  the  top,  a  sheet  of  paper,  pen  and  bottle 
as  an  apology  for  an  inkstand,  form  next  to  themselves,  the 
prominent  features  of  this  august  tribunal  !*  Each  elec 
tor  presents  himself  at  the  window,  gives  his  name,  which 
is  registered  on  the  paper,  deposits  his  ballot  in  the  box 
which  is  presented  to  him,  and  retires.  If  the  judges  doubt 
the  elector's  qualification  (from  age  or  residence),  they 
put  him  on  his  oath.  In  the  room  itself,  all  is  conducted 
with  the  greatest  order  ;  not  so,  however,  without.  The 
forest  is  soon  encumbered  with  wagons  and  horses.  The 
electors  arrive  in  squadrons,  laughing  and  singing,  not  un- 
frequently  half  so-and-so,  since  the  commencement  of  their 
morning's  ride,  when  they  become  eloquently  vociferous  in 
praise  of  their  favorite  candidate.  The  candidates,  or 
their  friends,  present  themselves  to  the  electors  on  their 
arrival,  and  pounce  upon  them  with  ballots  already  pre 
pared  and  often  printed,  which  only  exposes  them  to  the 
rough  railleries  of  the  countrymen.  Hardly  is  one  arrived, 
before  he  is  questioned  as  to  his  vote  ;  and  is  either 
greeted  with  applause,  or  hooted,  according  to  his  opinions. 
If  an  influential  man  presents  himself  at  the  poll,  he  an 
nounces  his  opinion  in  a  short  address  ;  the  clamor  ceases 
for  a  moment,  while  his  "  sweet  discourse"  wins  over  a 

*  It  must  be  remembered  the  Colonel  is  describing  a  State  elec 
tion  in  its  primitive  existence. — TRANS. 


AMERICA  AND  THE  AMERICANS.  57 

party  to  his  principles,  and  nobody  presumes  to  molest 
him.  The  whisky,  however  (not  exactly  the  "  nectar 
of  the  gods"),  all  this  time  is  going  its  rounds  ;  towards 
evening  all  have,  more  or  less,  disposed  of  their  sober 
qualities,  and  it  is  rare  that  the  sovereign  people  abdicate 
power  without  a  general  set-to,  where  nobody  can  be 
heard,  and  from  which  all  who  claim  the  enviable  distinction 
of  possessing  a  vehicle  take  very  good  care  to  keep  aloof. 
Each  now  goes  home  ;  the  judges  examine  the  votes,  and 
transmit  the  result  to  the  capital.  On  the  following  morn 
ing,  friend  and  foe,  conqueror  and  conquered,  become  good 
friends,  as  if  nothing  had  happened  ;  so  much  so,  that  a 
little  rough  encounter  has  been  known  to  make  the  best 
friends  imaginable.  Vox  populi,  vox  Dei,  is  here  an  abso 
lute  axiom  ;  where  all  have  been  taught  from  earliest  in 
fancy  to  yield  to  the  majority.  It  must  be  observed,  that 
the  public  interest  suffers  not  in  the  least  for  this  tumult, 
because,  generally,  before  voting,  each  has  long  previously 
made  his  mind  up,  as  to  who  shall  be  his  favorite  ;  and  be 
he  drunk  or  sober,  at  the  election,  he  adheres  to 
his  resolution.  The  excitement  of  an  election  passes  off 
rapidly  ;  before  it  takes  place,  it  forms  the  general  topic 
of  conversation,  but  on  the  following  morning  it  is  no  more 
talked  about,  nor  thought  of,  than  the  Great  Mogul. 

The  post  of  delegate  is  the  most  enviable  of  any  which 
presents  itself  in  a  country  ;  for,  independently  of  the  ad 
vantage  of  being  a  member  of  Congress,  and  passing  the 
winter  delightfully  amid  festivities,  where  the  best  society 
is  assembled,  to  be  personally  known  to  all  the  most 
distinguished  men  in  the  Union  renders  his  influence  on 
the  destinies  of  the  territory  immense.  He  is  consulted, 
ex-offictO)  on  every  subject  which  concerns  its  interest, 
while  appointments  or  vacancies  are  generally  filled  up  at 
his  suggestion  or  representation. 

He  has  given  the  people  promises,  which  he  makes  it 
his  object  to  realize.     They  probably  have  reference  to 
3* 


58  AMERICA    AND    THE    AMERICANS. 

roads,  canals,  postoffices  ;  changing  the  situation  of  dis 
trict  courts,  and  increasing  or  else  diminishing  their  num 
ber  ;  obtaining  gratuitous  grants  of  public  or  government 
lands  for  the  building  of  towns,  the  construction  of  bridges, 
augmenting  the  number  of  members  of  legislature,  getting 
such  a  law  confirmed  or  rejected,  &c.  Of  all  these  import 
ant  points  he  will  gain  some,  and  lose  others.  His  party 
will  endeavor  to  justify  him,  while  the  other  will  of 
course  censure  him  for  having  done  nothing,  because  he  did 
not  succeed  in  everything  !  and  the  probable  result  of  this 
conflict  of  opinions  will  be,  that  he  loses  his  election  ; 
the  more  so,  because,  during  his  two  years  of  probation, 
the  interests  of  the  population  will  have  changed,  or  through 
the  proverbial  fickleness  of  the  people  they  have  got  tired 
of  him. 

I  have  stated  that  the  first  year  the  planter  brought  his 
provisions  with  him,  his  tools  and  in  short  all  the  neces 
sary  materials,  as  well  as  clothing  for  his  negroes :  but 
this  is  not  the  case  during  the  succeeding  years.  Large 
assortments  of  all  kinds  are  now  transmitted  to  him  from  the 
Atlantic  cities  by  means  of  our  immense  rivers  and  canals. 
Magazines  are  established  in  the  rising  towns  ;  producing 
large  profits — for  all  is  sold  for  double  and  triple  its  value 
at  least.  The  first  arrivals  consist  of  provisions,  such  as 
beef,  pork,  salt-fish,  ham,  butter,  lard,  spirits,  flour,  and 
stuffs  for  the  families  and  negroes,  culinary  utensils,  sad 
dlery,  ironmongery,  medicines,  &c.  All  these  articles  are 
jumbled  together  pele-mele  in  the  same  shop  or  store,  by 
the  same  enterprising  speculator.  The  merchant,  who  is 
generally  but  the  interested  agent  of  some  large  northern 
firm,  generally  takes  a  family  with  him,  who  introduce 
the  fashionable  elegancies  of  the  city  which  he  has  just 
left.  His  dress  is  remarkable,  inasmuch  as  its  cut  and 
style  are  so  totally  different  from  that  of  the  population  in 
general,  forming  a  perfect  contrast.  Usually  he  suc 
ceeds  wonderfully,  though  he  is  often  under  the  necessity 


AMERICA    AND    THE    AMERICANS.  59 

of  giving  the  planter  credit  until  he  gathers  in  his  crop. 
He  almost  invariably  purchases  the  produce  of  the  country 
— with  which  he  returns  to  the  North,  when  he  has  dis 
posed  of  his  first  lot  of  goods.  Thence  he  again  makes  his 
appearance  with  a  new  and  more  extensive  assortment,  in 
proportion  to  his  success  and  the  increase  of  popula 
tion. 

The  lawyers,  jurisconsuls,  barristers,  attorneys,  and  no 
taries  (for  the  profession  embraces  all  these  branches) 
now  arrive.  Our  country  abounds  with  a  host  of  poor 
devils,  without  any  pecuniary  means,  although,  however, 
they  may  have  received  some  sort  of  education.  They 
shut  themselves  up  and  study  the  laws ;  at  the  same  time 
following  some  other  occupation — such  as  the  army,  in  a 
counting-house,  or  even  an  hotel,  and  as  soon  as  they  feel 
themselves  sufficiently  competent  to  undergo  an  examina 
tion,  they  are  received,  and  gain  a  livelihood  thereby. 
Here  are  found  a  host  of  little  pettifoggers — who  enter  in 
to  discussion,  and  get  up  quarrels  among  the  poor  ignorant 
people — drag  them  into  the  law  courts,  and  accomplish  their 
end  by  pocketing  thirty  dollars  or  so.  Nothing,  however, 
can  be  more  respectable  or  honorable  than  the  bar  of 
several  of  the  old  States,  as  nothing  can  be  more  despica 
ble  and  miserable  than  the  illegal  pollution  surrounding 
the  court-house  of  a  new  State  in  its  infancy.  I  must, 
however,  make  exceptions  ;  many  among  them  are  gentle 
men,  who  perfect  themselves  in  their  studies  by  practice, 
make  money,  and  acquire  respect  and  consideration. 
Some  lawyer,  regularly  brought  up  to  his  profession,  soon 
arrives  to  establish  himself  in  the  State  ;  he  monopolizes 
the  practice  and  the  fees — all  the  charlatans  are  eclipsed, 
annihilated  "  root  and  branch,"  and  ultimately  obliged  to 
decamp,  or  seek  their  fortune  practically  in  some  other 
occupation. 

It  is  at  this  period  that  the  Territory  becomes  a  prey  to 
"  vagabondage,"  to  broken  down  and  unprincipled  bank- 


GO  AMERICA    AND    TTTE    AMERICANS. 

rupts,  agitators  of  all  kinds,  who  seem  to  have  made  this 
their  rendezvous,  from  all  parts  of  the  Union.  Before, 
the  country  was  too  poor,  and  offered  no  encouragement 
to  these  vampires  ;  but  at  a  later  period,  having  become 
more  important,  they  commence  their  ungodly  trade,  with 
the  most  consummate  roguery  and  impudence. 

There  is  one  species  of  the  genus  "  escroc  "*  which 
almost  deserves  a  chapter  apart.  I  have  already  stated 
that  in  our  Territories  a  greater  part  of  the  lands  had  been 
granted  away  by  former  governments,  where  any  doubt 
as  to  the  title  existed.  Speculators  have  bought  these  up 
from  the  poor  people  to  whom  they  were  originally 
granted — or  they  have  not  unfrequently  gone  so  far  as  to 
draw  up  false  titles — or  bought  lands  from  the  Indians — 
which  they  know  to  be  contrary  to  law,  and,  therefore, 
null.  They  get  fine  plans  of  their  possessions  drawn  up, 
and  beautifully  colored  ;  if  the  titles  are  of  a  doubtful 
character,  they  have  lawyers  whom  they  consult,  or  claim 
the  right  of  patent.  Armed  with  these  instruments  of  de 
ception,  they  proceed  to  the  country  to  which  emigration 
has  commenced,  and  exchange  their  imaginary  possessions 
for  every  kind  of  real  property.  A  stranger  could  form 
no  idea  of  the  skill  and  talent  which  some  of  them  dis 
play,  nor  of  the  extent  of  their  schemes.  They  become 
sometimes  so  sufficiently  powerful  as  to  check  and  impede 
the  advance  of  civilization — as  unfortunately  they  gain 
much  influence  by  means  of  their  impositions,  so  much  so 
that  they  not  unfrequently  possess  the  power  of  con 
trolling  the  elections. 

This  state  of  corruption,  however,  is  not  of  long  dura 
tion  ;  the  population  increases  daily,  society  is  formed, 
and  these  vampires  are  obliged  to  "  hide  their  diminished 
heads." 

The  formation  of  society  is  generally  celebrated  by  pub 
lic  festivals.  The  4th  of  July,  the  day  of  Independence — 
*  Anglice  :  cheat,  sharper,  pilferer. — TJIANS. 


AMERICA  AND  THE  AMERICANS.  61 

the  22d  of  February,  Washington's  birth-day — the  8th  of 
January,  anniversary  of  the  battle  of  New  Orleans,  present 
favorable  occasions  for  this.  Some  time  previously,  a 
public  assembly  is  convoked  in  a  tavern  or  hotel  ;  a  presi 
dent  and  secretary  (for  all  is  conducted  in  proper  form) 
are  appointed  by  acclamation.  An  orator  proposes  to  ce 
lebrate  the  day,  gives  his  reason,  and  another  makes  a 
motion  for  a  dinner  :  this  is  put  to  the  vote,  the  matter 
is  opposed  from  the  circumstance  of  the  room  not  being 
sufficiently  large  to  contain  the  assembled  people  desirous 
of  partaking  thereat.  Another  proposes  a  barbecue  or  din 
ner  in  the  open  air  ;  this  is  supported  and  adopted  :  while 
another  proposes  that  a  discourse  be  delivered,  suitable  to 
the  occasion.  This  is  also  adopted. 

Some  person  proposes  a  ball,  but  herein  lies  a  diffi 
culty,  as  there  are  but  three  ladies  in  the  city  who  dance  : 
had  there  been  four  the  proposition  would  have  been  car 
ried.  The  meeting  now  appoints  an  orator  and  committee 
of  management,  which  done,  they  all  separate.  The 
process-verbal^  duly  certified,  is  inserted  in  the  newspaper 
(a  weekly  one  being  already  established),  to  the  great  joy 
of  the  printing  editor,  who  happened  to  be  much  in  want 
of  material.  On  the  day  appointed,  the  citizens  assemble 
in  procession,  and  proceed  to  the  church,  the  hotel,  or  the 
court-house,  perhaps  to  a  granary,  according  to  circum 
stances,  where  they  are  favored  with  an  oration — generally 
good,  and  not  unfrequently  eloquent.  This  over,  they  de 
part  to  a  selected  spot,  overshadowed  by  trees,  where 
their  olfactories  and  appetites  are  titillated  by  the  savory 
fumes  emitted  from  a  roasting  ox,  accompanied  by  his  at 
tendant  squires,  in  the  shape  of  fat  victimized  pigs,  also 
undergoing  the  interesting  process  of  roasting.  The  ex 
penses  are  met  by  a  general  subscription,  while  toasts  are 
given  indicative  of  the  political  opinions  of  the  people  pre- 
ent.  On  the  following  year  there  will  be  another  barbe 
cue,  oration,  and  this  time  a  ball,  also  given  by  subscrip- 


62  AMERICA    AND    THE    AMERICANS. 

tion,  for  which  the  court  is  appropriated  and  adorned  with 
banners,  &c.,  the  judge's  seat  being  filled  by  some  old 
negro,  who  fiddles  away,  accompanied  by  his  orchestra, 
composed  of  two  little  sprouts  of  negroes  playing  the  tam- 
borine  and  triangle.  The  hall  is  brilliantly  illuminated 
with  tallow  candles,  while  the  ladies,  however  (God  bless 
them),  are  as  well  dressed,  and  as  beautiful,  as  any  in  New 
York.  The  planter  has  doffed  his  coarse  leather  hunting- 
coat,  and  substituted  a  handsome,  fashionable  blue  dress 
coat  in  lieu  thereof,  which  said  coat  he  had  worn  in 
other  times,  and  in  another  land,  while,  perchance,  gallant 
ly  playing  the  Lothario,  or  that  nondescript,  a  "  gay  de 
ceiver."  His  manners,  however,  are  those  of  the  best  so 
ciety.  The  want  of  "  Strauss's  "  band,  and  the  somewhat 
discordant  harmony,  of  the  ebony  orchestra,  add  much  to 
the  evening's  entertainment,  and  serve  to  create  and  keep 
up  dancing,  good  fellowship,  and  that  true  hilarity  which 
springs  from  the  heart — until  they  come  to  the  determined 
resolution  of  not  going  home  "  till  morning."  We  will 
say  nothing  about  champagne -headache,  vows,  broken 
promises,  hearts,  &c. 

In  the  meanwhile  the  legislative  sessions  succeed  each 
other,  while  each  successive  year  brings  an  increase  to  its 
members.  The  government  has  become  firmly  establish 
ed.  Courts  of  justice,  adorned  by  the  talents  of  the  judge 
and  bar,  have  been  formed  in  each  county  :  the  number  of 
which  has  doubled  every  year.  Taxes  on  negroes,  ani 
mals,  &c.,  have  been  raised  ;  corporation  charters  have 
been  granted  to  the  different  towns  ;  and  the  time  has 
arrived  when  the  second  degree  of  the  territorial  govern 
ment  is  demanded. 

This  consists  in  granting  the  people  the  election  of  a 
council,  and  other  privileges  in  the  judicial  organization. 
It  is  not  long  before  the  people  feel  the  advantages  of 
self-government.  Public  opinion  takes  a  decided  charac 
ter  :  intriguers  and  escrocs  become  reformed,  or  quit  the 


AMERICA    AND    THE    AMERICANS.  63 

country.  These  latter  measures  advance  with  remarkable 
rapidity  :  emigration  continues  in  geometrical  progression  : 
capital  accumulates,  and  a  public  bank  is  established ; 
while  from  year  to  year  a  verification  is  ordered. 

At  last  the  anxiously  anticipated  time  having  arrived,when 
the  Territory  proudly  numbers  its  40,000  souls,  it  is  admitted 
to  the  rank  of  a  State.  A  convention  assembles  to  organ 
ize  its  constitution,  which  always  consists  of  an  elective 
governor  and  two  legislative  chambers.  The  legislature 
sends  two  senators,  and  the  people  one  representative  to 
Washington  ;  and  the  new  State  begins  to  revolve  in  its 
orbit,  augmenting  the  strength  of  such  and  such  an  inter 
est,  and  changing  the  equilibrium  and  political  balance  of 
the  Senate. 

In  this  rapid  sketch,  it  will  be  observed  that  I  have  not 
touched  upon  religion  ;  the  reason  is,  that  generally,  in 
this  primitive  state  of  society,  it  is  of  so  irreverent  a  cha 
racter  that  I  have  sought  to  avoid  it.  In  proportion  as 
morals  improve,  religion  becomes  purified ;  and  an  idea  of 
the  progress  of  civilization  may  be  formed  from  the  estab 
lishment  of  a  Presbyterian,  but  above  all,  an  Episcopalian 
church,  which  I  look  upon  and  hold  to  be  the  true  religion. 
In  the  improved  state  of  society  which  I  have  attempted  to 
describe,  education  is  united  to  and  keeps  pace  with  reli 
gion.  Primary  schools  in  the  hands  and  under  the  influ 
ence  of  Christian  ministers,  and  academies,  superintended 
by  Yankeesj  are  all  which  exist.  As  soon,  however,  as 
the  Territory  merges  into  the  dignity  of  a  State,  and  some 
times  even  before  that  period,  the  sixteenth  section  be 
comes  its  property,  and  serves  for  the  establishment  of 
permanent  funds  for  public  education,  either  employed  in 
detail  in  each  town,  or  centralized  in  universities,  col 
leges,  &c. 

This  subject  is,  however,  sufficiently  important  to  merit 
a  separate  article. 

I  have  only  spoken  of  the  South,  having  never  traveled 


64  AMERICA  AND  THE  AMERICANS. 

in  the  north-western  part  of  the  United  States.  I,  how 
ever,  am  led  to  imagine,  that  my  exposition  may  in  a  great 
measure  apply  there  also,  by  setting  aside  the  negroes, 
and  imagining  the  squatters  to  possess  mpre  industry  and 
activity.  Religion  ought,  also,  to  hold  a  higher  place,  and 
exercise  a  more  considerable  influence  there.  Specula 
tions  on  lands  in  the  North,  if  I  mistake  not,  have  also  been 
entered  into  in  a  more  liberal  spirit.  There  the  speculator 
has  not  satisfied  himself  with  the  mere  purchase,  but  he 
has  improved  the  lands,  by  the  formation  of  roads,  the  con 
struction  of  drains,  and  farming  them  out.  These  differ 
ences  and  improvements  are  of  a  decisive  nature,  but  I 
cannot  enter  into  further  detail. 

I  shall  terminate  this  sketch  by  one  important  reflection. 
We  have  purchased  Louisiana  from  France,  and  Florida 
from  Spain.  These  countries  are  peopled,  and  possessed 
of  laws,  in  general  so  opposite  in  their  character  to  the 
spirit  of  our  government,  that  even  supposing  they  pos 
sessed  a  population  sufficiently  numerous  to  become  States, 
they  would  have  required  an  immediate  form  of  territorial 
government,  in  order  to  amalgamate  them,  and  dissolve 
their  ancient  customs  and  prejudices. 

This  would  not  be  the  case  with  the  British  possessions 
on  the  continent,  and  the  East  India  possessions  ;  they  are 
organized  into  provinces,  possessing  their  legislatures  and 
laws.  In  order  to  join  them  to  our  Union,  it  would  only 
be  necessary  to  admit  them,  and  receive  their  senators  and 
representatives  in  Congress.  But  may  Heaven  preserve 
us  from  them  !  The  increase  of  influence  which  the 
southern  interest  would  thereby  receive  would  be  far  from 
equal  to  the  proportion  in  which  would  benefit  the  North. 
In  the  present  actual  state  of  the  Union,  it  is  the  only 
chance  of  dissolution  which  threatens  it.  In  twenty 
years,  when  the  South  shall  be  placed  in  the  ascendant, 
which  will  set  her  interests  "  a  couvert",  this  increase 


AMERICA    AND    THE    AMERICANS.  65 

of  territory  might  be    desirable,  but  much   more  so   for 
the  subjects  of  Great  Britain  than  for  us.* 

*  This  opinion  was  hazarded  twenty  year  ago,  and  at  the  present 
moment  has  something  of  the  prophetic  in  it. — TRANS. 


NOTE  BY  THE  TRANSLATOR. — This  interesting  chapter  having 
been  chiefly  devoted  to  the  description  of  the  formation  and  gra 
dual  progress  of  a  settlement,  amid  the  primeval  forests  of 
America,  towards  its  elevation  into  a  new  State,  some  facts  in 
reference  to  its  gigantic  strides  towards  civilization,  and  its  rapid 
and  almost  marvelous  increase  of  population,  may  not  he  unac 
ceptable.  To  give  the  general  reader  (and  more  especially 
foreigners)  an  idea  of  its  magnitude,  I  append  the  following 
valuable  statistical  document,  extracted  from  a  most  useful  and 
highly  interesting  little  book,  published  in  New  York,  entitled 
the  "Whig  Almanac  for  1849": 

"  It  is  an  old  saying  in  Europe,  that  « There's  room  enough  in 
America  for  everybody ;'  and,  during  1848,  350,000  settlers,  accord 
ing  to  late  estimates,  will  have  left  their  homes  in  the  old  world 
with  the  expectation  of  improving  their  circumstances  and  in 
creasing  their  chances  of  happiness  in  the  new.  There  are  thou 
sands  of  millions  of  acres  of  what  are  called  the  public  lands ;  the 
Western  Passage  Company  offer  to  convey  passengers  from  New 
York  to  Chicago,  1,525  miles*  or  to  Milwaukie,  1,445  miles,  by 
canals  and  steamboats,  in  ien  days,  for  $8;  and  if  the  poor  man 
with  a  large  family  could  but  get  rid  of  the  $  100  tax  on  his  80  acre 
wild  lot;  if  the  speculation  and  land-jobbing  were  effectually 
checked  by  the  prohibition  (as  in  republican  Rome  2,000  years 
since)  of  any  larger  estate  in  the  hands  of  one  man  than  360  or  640 
acres ;  and  if  the  curse  of  negro  slavery  were  excluded  from  the 
yet  unpeopled  West,  the  progress  of  free  institutions  would  be  un 
impeded  from  the  Atlantic  to  the  Pacific ;  the  crowded  cities  of  the 
Atlantic  seaboard  would  get  rid  of  an  uneasy  surplus  population, 
which  could  well  be  spared  in  the  East,  and  would  soon  find  itself 
in  a  thriving  and  prosperous  condition  on  the  banks  of  the  Missis 
sippi  and  Missouri. 

"  The  LandOflBce  Report  of  December,  1848,  mentions  that  the 
public  domain  lies  in  twelve  States,  and  in  the  Territories,  and 
covers  1,584,243,000  acres,  of  which  142,026,003  have  been  sold. 
Of  the  unsold  lands,  there  are,  in  Ohio  875,465  acres;  in  Illinois, 
15,693,076  acres;  in  Indiana,  3,572,645;  in  Wisconsin,  28,863,763  ; 


6  AMERICA  AND  THE  AMERICANS. 

in  Iowa,  29,868,068;  in  Missouri,  29 ,766,740;  in  Arkansas,  27,669,- 
220;  in  Louisiana,  23,677,775  ;  in  Mississippi,  11,815,040;  in  Ala 
bama,  17,516,346 ;  and  in  Florida,  36,137,137  acres.  During  1847, 
the  land  sales  were  2,521,305  acres,  also  1,448,240  acres  in  first 
nine  months  of  1848.  Mexican  land  warrants  have  been  located  on 
1,775,520  acres  ;  Mexican  war  warrants  have  been  issued  for  6,505, 
960  acres. 

"  Ohio  was  a  wilderness  fifty  years  since,  having  a  few  thousand 
souls  scattered  over  its  fertile  plains;  it  is  now  a  great  and  pow 
erful  community  of  nearly  two  millions  of  free,  independent  and 
happy  citizens.  Thirty-eight  years  since,  Indiana,  Illinois,  Michi 
gan,  Wisconsin,  and  Iowa,  contained  but  42,564  inhabitants  ;  they 
are  now  the  home  of  2,750,000  Americans.  The  railroad,  steam 
boat  and  canal  have  been  of  infinite  service  to  them,  and  the  elec 
tric  telegraph  forms  an  additional  bond  of  union.  Chicago,  De 
troit,  Cleveland,  Buffalo,  Rochester,  Montreal,  Quebec,  Boston, 
New  York,  Albany,  Philadelphia,  Baltimore,  Washington,  Charles 
ton,  New  Orleans,  Nashville,  Louisville,  Cincinnati,  Pittsburg,  St. 
Louis  and  Galena  are  already  united  by  the  telegraph,  and  every 
important  event  that  happens  in  any  one  of  these  cities  is  commu 
nicated  with  more  than  lightning  speed  to  the  inhabitants  of  all 
the  others. 


CHAPTER    IV. 

SLAVERY. 

Slavery  discussed,  but  not  defended— Influence  of  England — Eng 
lish  West  Indies— Right  of  Man  over  the  Animal  Creation — In 
dians  and  White  People— Indians  in  Spanish  and  North  America — 
African  Slaves— State  of  Slavery  at  the  Revolution— Treaty  of 
1808— Comparison  between  the  Southern  and  Northern  States  in 
relation  to  Negro  Labor — Planters  of  the  South,  their  generous 
Hospitality  and  Kindness  to  their  Slaves — Comparison  between 
Slave  and  Free  Negro,  and  the  Slave  with  the  European  Laborer 
and  Peasant — The  West  India  Negro  in  a  state  of  Freedom  relap 
sing  into  a  state  of  Indolence — St.  Domingo  an  example — Charge  of 
Cruelty  refuted — Negro  Marriages — Anecdote — Description  of  a 
Plantation—Happiness  and  Comfort  of  the  Negro— Treatment  of 
Negroes  in  Virginia  and  Maryland— Slave  Laws  and  Laws  relative 
to  Free  Negroes — The  Don  Quixotes  of  Emancipation — Coloniza 
tion  to  Liberia — Slavery  an  Evil — Its  total  Abolition. 

LIPONA. 

IN  general  there  exists  a  strong  prejudice  in  Europe  against 
our  southern  States.  Like  many  other  things,  slavery,  when 
viewed  from  afar,  has  quite  another  physiognomy  from 
that  which  presents  itself  to  us  when  viewed  on  the  spot. 
That  which  appears  rigorous  in  law  becomes  lenient  by 
custom  ;  abuses  destroy  themselves ;  and  that  which  ap 
pears  monstrous  and  horrible  in  theory  not  unfrequently 
becomes  tolerable  in  practice.  My  object,  therefore,  in 
writing  on  slavery,  is  by  no  means  to  defend  it,  but  to 
rectify  false  notions,  and  afford  a  just  idea  of  the  condition 
of  our  negroes  in  the  above-mentioned  States.  The  sub 
ject  has  now  become  of  the  utmost  importance,  both  on 
our  continent  and  islands,  and  I  have  not  unfrequently 
asked  myself,  how  it  is  possible,  that  among  so  many 
authors  who  have  written  on  America,  not  one  of  them 
has  noticed  this  all-important  matter  with  the  justice  and 
impartiality  which  it  deserves,  or  even  given  it  that  con- 


68  AMERICA    AND    THE    AMERICANS. 

sideration  which  it  merits.  In  the  works  of  several  Eng 
lish  travelers,  we  find  pages  colored  with  many  disgusting 
and  exaggerated  accounts  of  the  filthiness  of  the  negroes 
and  the  cruelty  of  their  masters,  amid  all  which  rhodomon- 
tade  I  defy  the  reader  to  point  out  one  page  therein  which 
contains  a  word  of  common  sense  on  the  subject. 

Unless  we  change  the  system  of  labor  in  our  working 
classes,  and  consequently  all  our  social  relations,  and 
create  different  habits  and  customs,  and  exercise  a  more 
powerful  influence  in  relation  to  education  and  religion, 
slavery  is  and  will  be  the  great  point  around  which  all  our 
internal  policy  (in  reference  to  these  States)  will  revolve. 
Its  influence  is  everywhere  felt  ;  even  among  those  who 
appear  the  least  affected  thereby. 

I  will  not  attempt  a  refutation  of  the  calumnies,  as  gross 
as  they  are  absurd,  which  have  been  raised  against  the 
proprietors  of  slaves  ;  in  fact,  it  is  not  worth  the  trouble. 
Sentimental  pathos  is  not  the  weapon  to  oppose  to  the 
general  custom  of  ages.  We  must  have  sound  reasoning 
well  founded  in  moral  as  well  as  political  economy.  Why 
have  not  the  friends  of  the  black  race  acted  upon  these 
principles  ?  These  calumnies  and  prejudices  in  a  great 
measure  owe  their  origin  to  the  jealousy  of  Great  Britain. 
The  English  minister  (in  1827),  wishing  to  stop  emigra 
tion  to  the  United  States,  descended  so  far  as  to  induce 
mercenary  writers  to  travel  and  promulgate,  through  the 
press,  false  statements  against  our  people  and  government. 
In  all  these  works,  which  had  an  extensive  circulation  with 
John  Bull,  and  thereby  influenced  his  mind,  the  subject 
of  slavery  has  been  the  avowed  and  principal  topic. 
Another  cause  of  error  has  been  the  establishment,  in 
England,  as  well  as  here,  of  certain  religious  sects  having 
a  theocratical  tendency,  of  which  I  shall  hereafter  speak. 
These  sects  undertook  a  crusade  to  save  our  souls  at  the 
expense  of  our  lives  and  properties,  and  the  British  min 
ister,  in  order  to  possess  their  influence,  was  obliged  to 


AMERICA  AND  THE  AMERICANS.  69 

second  their  operations.  To  this  sect  do  we  owe  the 
suppression  of  the  treaty  on  negroes  and  laws  for  the 
protection  of  horses.  And  to  these,  also,  ere  long,  will 
England  he  indebted  for  the  total  loss  of  the  colonies  in 
the  West  Indies,  for  the  course  pursued  by  her  in  this 
respect  is  diametrically  opposed  to  reason  and  the  doctrines 
of  sound  judgment.* 

The  motives  which  exist  against  the  possession  of 
slaves  may  be  divided  into  two  classes  or  sections — those 
of  right  and  of  calculation.  I  will  endeavor  to  argue  these, 
and  in  the  first  place,  justify  the  right  in  the  possession  by 
prior  sanction  of  government,  and  then  demonstrate  that, 
during  certain  periods  of  society,  this  order  of  things  is 
equally  as  advantageous  to  the  slave  as  to  the  master. 

There  can  exist  no  doubt  as  to  the  question  of  right, 
provided  we  are  dispassionately  allowed  to  explain  and 
make  ourselves  mutually  understood.  There  exists  an 
error  in  the  consideration  of  the  existence  of  this  right  as 
absolute.  By  an  individual  right  we  are  by  no  means  to 
understand  a  natural  right.  The  individual  has  a  right  to 
appropriate  to  himself  or  destroy  all  obstacles  which  oppose 
his  views  in  a  rational  sense.  A  man  meets  a  lion,  and 
has  the  indubitable  right  to  appropriate  the  skin  of  the 
animal  to  his  own  particular  purpose,  while  on  the  other 
hand,  the  lion  has  an  equal  right  to  the  flesh  of  the  man. 
The  difference  is,  the  one  defends  his  skin,  the  other  his 
flesh  ;  hence  it  follows  that  the  spontaneous  objective  in 
each  becomes  an  obstacle  for  the  other,  and  which  either 
has  the  right  to  destroy.  Here  are,  then,  two  incontest 
able  rights  in  presence  of  each  other  ;  while  there  neither 
exists,  nor  can  exist,  between  them  any  other  arbiter  or 
decree  than  the  general  laws  of  nature.  The  man,  how- 

*  This  opinion  has  proved  erroneous.  England  committed  an 
error  in  her  breach  of  faith  with  the  proprietors  in  emancipating 
the  apprenticed  negroes,  in  1838,  instead  of  1840,  without  compen 
sation. — TRANS. 


70  AMERICA  AND  THE  AMERICANS. 

ever,  by  no  means  recognizes  his  rights  over  the  lion,  or 
implies  that  the  animal  should  yield  a  willing  ohedience 
to  his  will,  but  tries  to  overcome  him  by  stratagem  and 
force. 

The  social  state  effects  great  changes,  as  regards  individual 
rights,  and  upon  this  point  the  three  following  rules  may  be 
established  :  1st.  Societies  acting  among  themselves,  as 
individuals  do,  without  any  other  existing  order  than  that 
of  individual  or  natural  right.  '2d.  These  societies  pursu 
ing  the  same  course  of  action,  in  relation  to  individuals 
who  are  strangers  to  them.  And  3d.  The  members 
of  a  society  retrieving  their  individual  independence  in 
objects  foreign  to  the  laws  which  regulate  that  society. 

A  man  catches  a  horse,  and  breaks  him  in  ;  has  he 
acquired  a  natural  right  over  the  horse,  as  such  ?  None 
whatever.  He  may  appropriate  the  horse  to  his  own 
special  use,  but  the  horse  has  an  equal  right  to  throw  him, 
and  run  away.  The  laws  of  nature,  which  award  the 
victory  to  the  strong,  and  more  especially  to  the  more 
skillful,  decide  this  conflict  of  individual  right.  The  rider 
had,  however,  acquired  a  social  right  over  the  horse,  in 
relation  to  society,  which  is  bound  to  encourage  and  pro 
tect  industry  and  labor,  and  guaranty  us  the  use  and  pro 
fits  of  our  labor.  It  will  protect  the  horse  from  being 
stolen  or  killed,  and  if  he  escapes,  every  means  is  afforded 
whereby  he  may  be  recovered  or  exchanged  for  any  other 
article  which  he  may  have  acquired  by  his  industry,  or 
that  of  another,  and  substitute  that  other  among  his  own 
lawful  rights. 

A  man  has  undoubtedly  no  claim  to  the  possession  of 
another  man,  in  relation  to  that  man  ;  but  possesses  this 
claim  in  relation  to  society:  1st.  Supposing  them  to  be 
both  members  of  society,  bound  by  a  certain  contract,  the 
violator  of  that  contract  commits  a  moral  offense  for 
which  he  deserves  a  punishment  commensurate  with  that 
offense,  2d.  Supposing  only  one  of  them  be  a  member 


AMERICA  AND  THE  AMERICANS.  71 

of  society,  which  guaranties  him  a  right  over  the  other. 
Here  there  is  no  contract,  no  moral  offense,  nor  punish 
ment,  but  in  case  of  resistance,  however,  both  have  an 
equal  right  to  fight  a  1'outrance,  although  the  one  has  a 
claim  on  that  society  for  assistance. 

To  sum  up,  the  slave  has  as  much  right  to  resist  his 
master  and  escape,  as  the  master  has  to  his  capture  and 
the  appropriation  of  his  services  for  his  own  individual  use. 
There  exists  no  mutual  contract  between  them,  and  con 
sequently  no  reciprocal  right,  for  one  social  right  can  only 
be  based  upon  another.  An  error  has  arisen,  that  of  instill 
ing  into  the  slave  the  notion  of  a  passive  obedience  being 
a  moral  duty  or  obligation,  which  is  in  itself  absurd ;  for 
this  signification  would  imply  a  contract  by  which  all  the 
advantages  would  be  on  one  side,  and  all  the  disadvantages 
on  the  other.  Such  a  contract  is  null,  ipse  facto.  The 
master,  however,  has  as  much  right  to  the  support  of 
society  in  his  authority  over  the  slave,  as  he  had  in  refer 
ence  to  the  horse. 

We  will  now  dismiss  these  abstract  considerations,  and 
proceed  at  once  with  our  subject.  When  America  was 
colonized,  there  certainly  existed  no  treaty  between  the  In 
dians  and  the  white  people.  Both  parties  had,  therefore, 
reciprocally  the  right  of  mutual  appropriation,  and  mutual 
destruction  as  often  as  they  came  in  contact,  were  they  so 
disposed.  According  to  the  eternal  laws  of  nature,  the 
most  skillful,  though  they  be  the  weaker  party,  will  triumph ; 
hence,  the  natives  were  reduced  to  slavery  throughout  the 
whole  of  the  Spanish  possessions  in  America,  which  were 
inhabited  by  a  feeble  and  effeminate  race.  This  was  not 
the  case  in  the  United  States.  Warlike  nations  resisted 
the  attacks  of  the  white  people,  and  not  unfrequently 
availed  themselves  of  their  right  to  destroy  them,  and 
appropriate  the  effects  of  the  slain  to  their  own  particular 
purposes.  The  whites  soon  after  treated  with  them,  and 


72  AMERICA  AND  THE  AMERICANS. 

concluded  by  forming  conventions,  more  or  less  to  their 
own  advantage,  with  the  Indians. 

All  labor  should  have  its  price.  Merchants  went  to  the 
coast  of  Guinea,  and  there  purchased  slaves  from  nations 
with  whom  no  treaty  or  agreement  existed.  These  slaves 
were  sold  where  in  virtue  of  the  laws  existing  among 
them,  slavery  is  viewed  in  the  light  of  a  legal  pun 
ishment,  and  where  when  taken  in  war,  the  prisoners 
are  looked  upon  as  the  bona  fide  property  of  the  con 
queror.*  This  however,  would  not  have  altered  the 
claim  to  possession  on  the  part  of  the  merchants,  suppos 
ing  they  had  taken  theni  for  nothing.  For  argument's 
sake  :  I  capture  a  wild  horse  on  the  plains  of  Missouri  ; 
the  trouble  in  the  capture  and  breaking  him  in,  the  risk  I 
incur  in  taking  him,  are  all  it  costs  me.  The  intervention 
of  society  confines  itself  to  this  point — securing  the 
possessor  in  his  claim  to  priority  of  possession.  Every 
society  has  the  right  of  regulating  the  pursuits  and  labor 
of  its  members,  and  prohibiting  such  and  such  articles  of 
industry ;  but  the  contrary  is  the  case  in  the  present 
instance.  All  the  European  nations  have  more  or  less 
encouraged  the  treaty  in  regard  to  the  blacks.  Several 
colonies  attempted  to  oppose  the  introduction  of  slaves 
among  them,  but  were  compelled  by  the  mother  countries 
to  open  their  ports  to  this  traffic.  The  masters  therefore 
found  themselves  in  the  possession  of  right  on  their  side, 
not  only  theoretically  so,  but  through  the  express  and 
positive  legislation  of  the  societies  of  which  they  were 
members. 

The  revolution  on  our  continent,  although  almost  simul 
taneous,  was  however  but  partial.  Each  colony  preserved 
its  independence  during  the  struggle,  and  when  the 

*  Upon  this  subject,  the  reader  will  find  much  valuable  research 
and  information,  in  Bryant  Edwards'  talented  work,  his  "  History 
of  the  West  Indies,"  Mr.  Edwards  himself  having  visited  the  slave 
markets  on  the  African  coast. — TRANS. 


AMERICA  AND  THE  AMERICANS.  73 

thirteen  united  republics  were  acknowledged,  although  a 
central  government  was  established,  they  were  not  the  less 
sovereign  States,  perfectly  independent  the  one  of  the 
other,  in  everything  which  had  reference  to  their  internal 
legislation.  At  the  period  of  the  Revolution,  a  part  of  the 
States  had  already  emancipated  their  slaves  ;  others  have 
since  followed  their  example,  and  doubtless  others  will  pro 
bably  do  the  same  at  some  future  period — while  there  ex 
ist  some  States  in  which  this  may  be  a  total  impossibility. 
No  authority  has  the  right,  or  has  ever  pretended  to  have, 
of  regulating  their  domestic  affairs,  although  questions 
relative  to  slavery  are  being  mcessantly  brought  before 
Congress.  The  United  States,  which  possess  the  exclu 
sive  right  of  regulating  all  affairs  in  relation  to  commerce, 
have  supported  the  treaty  ever  since  1808.  Nobody 
appealed  against  that  measure,  which  had  been  announced 
a  long  time  previous,  but  I  am  not  afraid  to  state,  that  any 
attempt  towards  the  establishment  of  laws  in  reference  to 
the  slaves  will  be  the  means  of  obliging  the  southern 
States  to  separate  from  the  Union.  This  is  a  conclusion 
founded  on  the  right  which  every  man  possesses  to  defend 
his  own  life  and  property.  Is  there  such  a  simpleton  in 
existence,  as  not  to  be  sensible  of  this  ?  or  of  so  little  dis 
crimination  and  possessed  of  so  little  foresight  as  to  incur 
the  risk  ? 

If  I  mistake  not,  public  opinion  in  the  southern  States 
is,  that  slavery  is  necessary,  but  at  the  same  time,  frankly 
acknowledged  to  be  an  evil.  I  however  am  far  from  con 
sidering  the  question  in  this  point  of  view  ;  on  the  con 
trary,  I  am  led  to  consider  it,  in  certain  periods  of  the 
history  or  existence  of  nations,  as  a  good.  How,  for 
example,  could  you  employ  any  considerable  capital 
towards  agricultural  pursuits  in  a  new  country,  without 
slaves  ?  It  is  to  this  system  we  owe  the  rapid  population 
of  our  deserts — as  the  marble  which  has  formed  the  statue 
was  drawn  from  the  quarry  by  the  axe,  worked  by  the 
4 


74  AMERICA  AND  THE  AMERICANS. 

chisel,  and  polished  by  the  lime,  so  is  it  equally  neces 
sary  that  a  new  soil,  before  it  be  rendered  capable  of 
receiving  a  highly  civilized  people,  must  pass  through 
the  hands  of  different  classes  of  population.  A  variety  of 
implements  are  necessary  for  the  cultivation  of  the  soil, 
as  of  books  for  the  education  of  a  man  ;  or  of  institutions 
for  the  education  of  a  people.  In  the  northern  States, 
where  the  whole  soil  is  feitile,  where  numerous  rivers 
afford  every  facility  of  communication  ;  where  the  summer 
heats  are  chastened  by  the  refreshing  breezes  of  the  ocean 
or  the  elevation  of  the  soil,  a  population  of  small  pro 
prietors  may,  in  a  few  ye»rs,  establish  and  enjoy  all  the 
comforts  and  luxuries  of  life.  But  in  the  immense  plains 
of  the  South,  only  here  and  there  watered  by  rivers  at  a 
considerable  distance  from  each  other — where  good  soil 
is  in  an  infinitely  small  proportion  to  the  immense  arid 
plains — where  the  heat  of  the  climate  has  a  fatal  influence 
on  the  white  laborer,  exposed  in  the  open  field,  large 
capitals,  and  a  black  population,  are  absolutely  necessary 
to  put  and  retain  the  land  in  cultivation.*  If  small  propri 
etors  alone  were  to  attempt  such  a  course,  that  of  erect 
ing  establishments  on  a  large  scale,  they  would  find  them 
selves  completely  isolated  from  civilization,  and  would  be 
exhausting  all  their  resources  in  the  mere  transport  of  the 
necessaries  of  colonization.  Hand  labor  would  be  too 
expensive,  for  you  would  have  to  pay  for  the  chances  of 
existence  which  all  incur,  in  these  southern  States. 
While  great  capitalists,  on  the  contrary,  discover  the  oasis 
in  the  desert,  and  immediately  transport  thither  a  whole 
population,  open  roads,  construct  bridges,  drain  marshes, 
and  after  a  few  years'  outlay,  realize  therefrom  immense 

*  This  necessity  is  fully  borne  out  by  the  West  India  laborers. 
All  attempts  to  introduce  Europeans  there  as  field  laborers  have 
signally  failed.  During  my  sojourn  in  Tobago,  I  remember  out  of 
one  hundred  persons  introduced  from  Scotland,  ninety  died  in  the 
space  of  two  months  after  their  arrival. — TRANS. 


AMERICA  AND  THE  AMERICANS.  75 

profits.  Under  the  protection  of  these  large  proprietors, 
the  people  themselves  become  the  possessors  of  moderate 
fortunes.  Larger  fortunes  become  divided  by  the  death  of 
the  possessor.  The  smaller  proprietors  in  their  turn  suc 
ceed  them ;  their  numbers  increase  ;  they  become  accli 
mated,  and  from  that  moment  divide  the  labor  with 
the  negroes,  to  whom  the  climate  is  extremely  healthy, 
as  it  is  not  in  their  nature  to  complain  of  the  heat.  Lands 
which  till  now  were  considered  of  no  value  will  be  culti 
vated  as  soon  as  all  those  of  superior  fertility  are  taken, 
when  the  system  of  manuring  is  put  in  practice. 

If  in  political  economy  slavery  be  considered  as  tend 
ing  to  increase  and  keep  up  the  population  of  our  southern 
States,  its  effect  on  society  is  not  the  less  advantageous. 
The  planter,  disengaged  of  all  manual  labor,  has  much 
more  time  to  himself  to  improve  his  knowledge  and  expe 
rience.  The  habit  of  considering  himself  morally  re 
sponsible  for  the  comfort  and  happiness  of  the  numerous 
laborers  under  his  charge  nourishes  a  sort  of  austere 
dignity  of  character,  which  blended  with  the  arts,  sciences 
and  literature,  tends  to  make  the  southern  planter  one  of 
the  most  perfect  models  of  the  human  species.*  His 
house  is  open  to  all  with  a  generous  hospitality,  and  not 
unfrequently  his  purse  equally  so,  to  profusion.  The 
habit  of  being  obeyed  gives  him  an  air  of  manly  pride 
among  his  equals,  together  with  an  intellectual  insight  in 
politics  and  religion,  which  form  a  perfect  contrast  to  the 
hypocritical  reserve  which  is  elsewhere  too  often  met 
with.  To  his  slaves  he  is  a  perfect  father  rather  than  a 
master,  for  the  knowledge  of  his  power  and  authority 
over  them  dispels  all  idea  of  cruelty. 

In  politics,  the  result  is  not  less  favorable.  Our  country 
is  still  in  its  infancy,  the  population  widely  scattered  ; 

*  This  is  certainly  no  reason  why  slavery  should  exist,  as  the 
negro  being  free,  the  educated  planter  could  equally  apply  himself 
to  the  moral  instruction  and  improvement  of  the  position  of  the 
negro  in  relation  to  civilization,  and  to  society. — TRANS. 


76  AMERICA    AND    THE    AMERICANS. 

every  body  has  his  own  business  to  attend  to ;  we  have 
here  no  idle  populace.  It  will  not  always  be  so,  however. 
Already,  on  many  occasions,  in  some  of  the  large  northern 
cities  disturbances  have  broken  out  between  the  working 
classes  and  the  sailors.  Are  we  destined  to  see  the  scenes 
of  the  Roman  forum  enacted  among  us  ?  To  avoid  which 
shall  we  have  recourse  to  cavalry  as  in  England  ?  The 
remedy  would  be  worse  than  the  evil.  An  isolated  State 
has  nothing  to  fear  from  such  disturbances,  for  others 
would  soon  join  in  its  support.  What  however  would 
become  of  the  Union  if  Congress  were  dissolved  or  ruled 
by  the  populace  of  Washington  ?  To  refuse  the  right  of 
vote  to  citizens  who  possess  not  a  stated  income,  as  in 
Virginia,  is  undoubtedly  one  means  ;  but  that  is  contrary 
to  the  spirit  of  our  institutions,  while  all  fixed  regulations 
of  that  nature  are  always  arbitrary,  and  would  not  prevent 
the  people  eventually  from  rising.  Compare  the  elections 
in  the  large  towns  of  the  North  and  South  ;  with  what 
order  they  are  conducted  in  the  one,  and  what  tumult  in 
the  other  !  In  the  North  it  is  not  uncommon  for  the  lower 
classes  of  society  to  possess  themselves  of  the  place  of 
election,  and  drive  away  as  it  were  every  respectable  per 
son  by  their  indecent  conduct.*  In  the  South,  on  the  con- 

*  This  certainly  is  not  the  case  at  the  present  day.  I  was  in  New 
York  at  the  period  of  the  election  of  General  Taylor  to  the  Presi 
dency,  when  (with  the  exception  of  the  natural  opposition  and 
excitement  of  the  contending  parties,  attending  all  such  events) 
the  orderly  and  peaceable  manner  in  which  everything  was  con 
ducted  formed  the  subject  of  eulogium  with  all  strangers  and 
foreigners.  To  see  an  election  "  fight,"  one  should  go  to  England. 
I  remember  being  present  at  the  Westminster  election,  when  Sir 
Murray  Maxwell,  K.  N.,  came  forward  as  a  candidate.  While 
addressing  his  constituents  from  the  hustings,  several  sailors 
appeared  in  front  flourishing  the  "  cat  o'  nine  tails,"  for  Sir 
Murray  was  what  is  called  a  naval  "  martinet."  He  was  pelted 
with  eggs,  mud,  cabbages,  and  all  sort  of  missiles,  picked  up  in  the 
market  of  Covent  Garden,  and  on  his  retiring,  some  brutal  and  ras 
cally  sailors  atucked  and  knocked  the  hero  down. — TRANS. 


AMERICA  AND  THE  AMERICANS.  77 

trary,  the  lower  classes  consist  of  blacks — slaves — and 
orderly  people.  The  elections  are  there  conducted  peace 
fully  and  rationally  ;  and  it  is  probably  owing  to  these  cir 
cumstances  that  the  superiority  of  talent  in  the  Congress 
of  the  United  States  is  awarded  to  the  South. 

Hitherto  I  have  only  spoken  of  the  comparative  advan 
tages  of  slavery  in  relation  to  the  master  ;  the  slaves  them 
selves,  however,  are  the  first  to  profit  by  this  state  of  things. 
In  all  countries  and  all  times>  a  great  majority  of  the  hu 
man  race  is  condemned  to  exist  by  manual  labor,  and  I 
question  whether,  after  all,  this  portion  of  society  is  not 
more  happy  and  more  useful  in  that  state  than  otherwise. 
Compare  the  lot  of  our  negroes,  well  dressed,  well  fed,  and 
having  no  care  for  the  morrow,  no  trouble  about  their  fam 
ily,  compare  them,  I  will  not  say  with  the  degraded  race 
of  free  negroes  and  mulattoes,  possessing  all  the  weight 
of  liberty,  without  any  of  its  advantages,  but,  compare 
them  with  the  white  European  laborer,  working  two  or 
three  times  as  much,  and  with  all  this,  not  unfrequently 
himself  and  family  on  the  point  of  death  from  starvation.* 
I  will  not  hesitate  to  say  that  not  only  are  our  slaves  hap 
pier  than  the  laborers  of  the  large  manufacturing  towns  in 
England,  but  even  more  so  than  the  generality  of  the 
European  peasantry.  You  will  tell  me,  perhaps,  that  the 
mere  idea  of  liberty  counterbalances  the  privations  and 
anxieties  to  which  this  very  liberty  gives  rise  ?  I  reply  it 
may  be  so  with  you  and  me,  but  it  requires  a  certain  de 
gree  of  instruction,  a  certain  energy  of  moral  life,  to 
enjoy  the  noble  idea  of  liberty.  Take  for  instance 
an  Austrian,  Hungarian  or  Bohemian  peasant,  trans 
port  him  to  America,  and  tell  him  he  is  free.  The  very 
first  Sunday  he  finds  nobody  to  waltz  with  him,  he  will 
curse  the  country,  its  liberty  and  elections,  and  prefer  re- 

*  This  shrewd  observation  wofully  applies  to  the  present  melan 
choly  and  heart-rending  position  of  the  starving  peasantry  of  Ire 
land. — TRANS. 


78  AMERICA    AND    TTIE    AMERICANS. 

turning  to  his  Schnapz,  his  Verwalter,  his  Wirths-Haus,  and 
his  Robooth.  In  another  sense,  take  one  of  our  own 
squatters  to  Europe,  and  represent  every  thing  to  him  in 
the  most  advantageous  light ;  you  will  render  him  perfectly 
miserable  in  the  idea  of  his  being  bound  to  pay  deference 
to  others  superior  to  himself.  They  who  in  destroying 
the  feudal  system  of  Austria  imagine  to  ameliorate  the  con 
dition  of  the  peasant,  grossly  deceive  themselves  if  they 
do  not  first  begin  by  enlightening  him.  This  change  in  his 
condition  would  be  necessary  to  him,  for  he  could  not  live 
happy  with  this  sense  of  his  moral  degradation.  This  is 
pretty  nearly  the  case  with  the  free  mulattoes  and  negroes 
in  some  parts  of  the  Union — while  our  slaves  are  happy, 
and  desire  no  change,  whatever  may  have  been  said  to  the 
contrary.  There  is  no  question  that  the  negro  is  inferior 
in  every  respect  to  the  white  man,  and  appears  incapable 
of  appreciating  the  same  intellectual  enjoyments.  Why 
have  they  remained  in  their  barbarous  state  since  the  com 
mencement  of  the  world  to  this  day  ?  Why  do  they  re 
turn  to  the  same  state  of  barbarism  when  abandoned  to 
themselves,  as  is  the  case  at  the  present  day  in  Hayti  ?* 

*  In  proof  of  this,  St.  Domingo  formerly  supplied  the  whole  of 
France  with  sugar,  while  actually  now  there  is  not  sufficient  pro 
duce  to  supply  even  the  Island  itself.  This  speaks  volumes.  This 
system  of  idleness  and  "  vagabondage"  is  now  especially  exempli 
fied  in  Martinique  and  Gaudaloupe,  and  is  also  more  or  less  so  in 
all  the  British  W.  I.  colonies,  with  perhaps  the  exception  of  Bar- 
badoes. 

The  negroes  have  acquired  the  drunken  habits,  gambling,  and  all 
the  crimes  of  civilization  hitherto  unknown  to  them.  They  have  also 
contracted  diseases  to  which  they  were  not  previously  subject, 
arising  from  a  change  of  diet  and  position.  In  reference  to  the  in 
dolent  habits  they  have  contracted — instead  of  laboring  on  the  es 
tates  (where  labor  is  comparatively  light,  and  wages  high  in  conse 
quence  of  the  difficulty  of  obtaining  people),  many  prefer  taking  pos 
session  of  lands  belonging  either  to  the  crown  or  private  individuals, 
where  snugly  concealed  by  the  surrounding  primitive  forests,  &c., 
nature  supplies  them  abundantly,  and  they  live  a  life  of  listless  ease 


AMERICA  AND  THE  AMERICANS.  79 

Their  happiness  is  limited  to  animal  felicity,  and  this 
they  indulge  in  more  freely  while  in  a  state  of  slavery  than 
they  would  in  a  free  or  savage  state.  This  picture  which 
I  have  here  drawn  may  not  correspond  perhaps  with  that 
of  Mr.  Wilberforce  and  his  party.  And  it  will  be  asked 
how  can  a  negro  be  happy  under  the  lash  of  the  manager  ? 
All  this  pathos  is  totally  misplaced,  though  it  may  have  been 
applicable  to  the  British  West  Indies.  I  employ  a  white 
laborer — he  breaks  open  my  magazine,  robs  me,  is  discov 
ered  and  condemned  to  hard  labor,  dishonored  for  life,  and 
loses  what  little  of  morals  and  honesty  he  possessed, 
and  his  evils  are  perhaps  aggravated  by  those  of  his  family, 
for  whose  support  his  labor  was  necessary.  Well,  sup 
pose  now  a  slave  commits  the  same — he  is  flogged,  and 
relents.  Corporal  punishment  once  inflicted,  there  re 
mains  no  bad  consequence,  while  no  innocent  children  are 
made  to  suffer  for  the  crimes  of  the  father.  Whatever 
may  be  said  to  the  contrary,  no  cruel  punishments  are  ever 
inflicted,  for  that  would  be  contrary  to  the  interests  of  the 
master.  I  hire  a  man  to  work  for  me,  he  neglects  his 
work,  and  I  discharge  him ;  but  I  cannot  so  act  with  my 
negroes,  and  I  am  consequently  compelled  to  have  recourse 
to  punishment.  On  the  larger  plantations,  where  some 
hundreds  of  negroes  are  collected  together,  a  discipline 
and  police  regulations  more  or  less  severe  are  necessary, 
without  which  all  would  soon  be  destroyed  or  stolen.  As 
to  the  circumstance  of  their  being  separated  from  their 
families,  they  must  in  the  first  place  have  one.  In  general 
each  attaches  himself  to  some  woman,  but  they  however 
are  more  disposed  to  change  about  from  one  to  another. 
Those  among  them  who  are  religiously  disposed  are  mar 
ried  in  church,  it  is  true,  and  do  so  each  time  they  change, 
which  I  have  known  to  happen  a  dozen  times,  and  receive 

and  indolence.  Herein  I  beg  to  be  distinctly  understood,  I  am 
not  advocating  slavery,!  am  merely  stating  facts  from  my  own  ob 
servation  and  the  experience  of  years. — TRANS. 


80  AMERICA    AND'    THE    AMERICANS. 

at  the  same  time  the  sacrament,  while  each  party  has 
probably,  or  has  had,  an  equal  number  of  husbands  or  wives 
as  the  case  may  be.* 

Although  the  proprietors  do  all  in  their  power  to  en 
courage  marriage  by  offering  many  little  advantages  to  the 
contracting  parties,  it  is  seldom  that  a  negro  marries  on 
the  plantation  on  which  he  lives  ;  he  prefers  making  a 
choice  among  his  neighbors. 

A  well  regulated  plantation  is  truly  a  most  interesting 
spectacle  ;  all  prospers,  and  is  governed  in  the  most  per 
fect  order.  Each  negro  has  a  house,  and  the  houses  are 
generally  built  in  regular  lines  ;  he  has  his  own  poultry 
and  pigs  ;  cultivates  his  vegetables,  and  sells  them  at  the 
market.  At  sun-rise  the  sound  of  the  horn  calls  him  to 
labor,  while  each  has  his  allotted  task  in  proportion  to  his 
physical  strength.  In  general  the  task  is  finished  between 
three  and  four  o'clock  in  the  afternoon,  allowing  him 
ample  time  for  dinner  about  noon.  The  task  over,  no 
further  service  is  required  of  him  ;  he  either  cultivates  his 
garden,  hires  himself  to  his  master  for  extra  labor,  or  takes 
a  stroll  to  visit  his  wife  or  mistress  on  some  adjoining  plan 
tation.  On  Sundays  he  attires  himself  in  his  holiday  suit 
and  goes  to  receive  his  weekly  allowances,  and  employs 

*I  witnessed  a  ludicrous  circumstance  in  one  of  the  British  W. 
I.  Islands  just  after  the  emancipation.  The  clergyman  had  just 
married  Miss  Virginia  Hebe,  to  Mr.  Julius  Csesar  Pompey.  Two 
days  after  Mrs.  Hebe,  with  a  sorrowful  countenance,  sought  the 
Rev.  gentleman,  and  stated  that  "  Massa  Pompey  no  good — always 
quarrel  wid  me,  and  talk  G — d  d — n,  and  me  no  lib  with  him  never 
more  "  But,  said  the  parson,  when  I  married  you  to  him,  did  I 
not  give  him  the  ring  to  put  on  your  finger  ?  "  Yes,  Massa  par 
son."  Well  then,  my  good  woman,  go  home  again,  and  remember 
that  ring  joins  you  to  him  for  life.  No  sooner  was  this  awful  sen 
tence  pronounced  than  with  the  ready  wit  of  woman  (for  negro 
women  have  also  their  share  in  unison  with  the  sex),  Mrs.  Hebe  re 
plied,  giving  him  the  ring,  "  Take  back  the  ring,  Massa — me  no 
married  now,"  and  off  she  ran,  and  was  never  after  seen  by  the 
disconsolate  and  wo-begone  Massa  Julius  Csesar  Pompey. — TRAJMS. 


AMERICA  AND  THE  AMERICANS.  81 

the  remainder  of  the  day  as  it  may  please  him.  The  duty 
of  the  manager  is  to  give  each  his  morning  task,  and  in  the 
evening  to  see  that  it  is  properly  done  ;  while  the  pro 
prietor  mounts  his  horse,  makes  a  tour  in  the  plantation 
and  gives  the  necessary  orders.  All  these  are  performed 
with  the  regularity  of  regimental  duty  ;  and  I  have  myself 
seen  six  months  pass  without  one  word  of  censure  being 
called  for.  Sometimes  however  it  happens  there  occur 
disputes  and  thefts  requiring  punishment.  At  Christmas  the 
negroes  have  three  days  to  themselves.  Twice  a-year  they 
have  the  necessaries  served  out  to  them,  for  clothing,  &c., 
which  they  make  up  agreeably  to  their  own  taste. 

Those  residing  in  the  Great  House,  as  the  proprietor's 
or  manager's  residence  is  called,  are  treated  in  the  same 
manner  as  the  domestic  servants  in  Europe.  Generally 
they  are  born  and  bred  up  in  the  family,  of  which  they 
consider  themselves  a  part,  and  to  which  they  become 
much  attached,  and  are  very  faithful.  Whenever  a  child  is 
born  in  the  family,  one  of  the  same  sex  and  age  is  imme 
diately  selected,  brought  up  with  it  as  an  adopted  child, 
and  becomes  its  confidential  attendant.  The  little  ne- 
gresses  or  mulattoes,  who  are  thus  brought  up  in  the  house, 
are  often  excellent  sempstresses,  and  in  general  very 
pretty.  The  mistress  pays  the  strictest  attention  to  their 
morals,  particularly  if  they  are  brought  up  with  her 
daughters  ;  if  they  misconduct  themselves,  the  punish 
ment  of  which  they  have  the  greatest  dread  is  to  threaten 
to  sell  them. 

Besides  these  two  classes  of  negroes,  there  are  many 
workmen,  such  as  carpenters,  blacksmiths,  tailors,  &c. 
These  the  proprietors  generally  take  on  hire,  and  treat 
them  in  the  same  manner  as  they  would  white  people. 
It  often  happens  the  masters  arrange  with  them  for  an 
annual  stipend,  leaving  them  to  work  out  agreeably  to 
their  own  choice. 

Does    this   picture,  which    is   in  every  respect  true, 
4* 


82  AMERICA    AND    THE    AMERICANS. 

bear,  I  would  ask,  any  resemblance  to  the  absurd  and 
exaggerated  statements  of  the  missionaries  ?  It  is  easy  to 
select  a  particular  case,  to  exaggerate  and  generalize  upon 
it,  and  follow  it  up  by  declamation  thereon. 

True  it  is,  there  exists  no  law  whereby  the  slave  is 
protected  from  the  ill-treatment  of  the  master.  But  there 
exists  public  opinion,  which  is  more  powerful  than  all  the 
laws.  The  man  who  allows  himself  to  be  carried  away 
by  his  passions  would,  in  the  language  of  English  writers 
on  this  subject,  forever  forfeit  the  character  of  a  gentleman. 

Field  negroes  are  not  every  where  treated  alike.  In 
Virginia  and  Maryland,  for  example,  the  farmers  give 
them  no  task-work,  lodge  them  in  large  brick  houses, 
where  they  cook  for  themselves,  and  treat  them  in  fact 
precisely  as  the  farmers  do  their  laborers  in  Europe.  The 
result  of  this  is,  that  the  slave,  forgetting  the  distance  of 
position  which  distinguishes  him  from  the  freeman,  be 
comes  dissatisfied  at  not  being  looked  upon  as  his  equal, 
and  at  not  receiving  wages ;  he  becomes  insolent,  is 
punished  5  deserts,  and  is  captured,  and  eventually  he  is 
probably  sold  to  some  emigrant  in  some  distant  country, 
where  he  very  soon  becomes  reconciled.  To  these  new 
countries,  the  proprietors  in  general,  besides  the  old  family 
negroes,  take  with  them  as  many  more  as  their  means  will 
permit  of  their  purchasing.  Hence  a  certain  degree  of 
severity  is  necessary  at  the  commencement,  to  put  this 
heterogeneous  mass  into  something  like  order  ;  the  more 
so,  as  the  work,  being  irregular,  cannot  be  divided  into 
tasks,  while  the  new  negroes  have  a  lurking  desire  to  try 
the  tempers  and  characters  of  their  master  ;  if  he  how 
ever  possess  some  degree  of  energy,  this  period  of  pro 
bation  is  not  of  long  duration. 

It  would  be  almost  impossible  to  give  a  digest  of  the 
laws  relative  to  slaves,  for  they  differ  in  the  different 
States  ;  the  Constitution  of  the  United  States  guaranties 
to  the  master  the  right  to  pursue  a  runaway  slave  into 


AMERICA    AND    THE    AMERICANS.  83 

those  States  wherein  no  slavery  exists.  The  laws  pecu 
liar  to  the  different  States  in  similar  cases  guaranty  every 
facility  to  the  master.  To  steal  a  negro,  or  aid  in  his 
escape,  is  almost  every  where  a  penal  offense.  A  free 
negro  or  slave  is  not  permitted  at  large  without  a  pass, 
without  which  any  white  person  may  arrest  and  send  him 
to  the  first  prison  they  meet  with,  where  he  is  detained 
unless  he  can  prove  himself  free.  The  children  follow 
the  condition  of  their  mother.  To  the  negro  who  attacks 
a  white  person,  or  offers  violent  resistance,  death  is 
awarded  ;  and  no  testimony  for  a  negro  is  received  in  jus 
tice  against  a  white  person.  Almost  every  where,  how 
ever,  the  punishment  of  death  can  be  commuted  to  that  of 
selling  the  negro,  on  condition  that  he  is  taken  out  of  the 
State. 

The  laws  relative  to  free  negroes  are  much  more  com 
plicated,  and  have  given  rise  to  much  discussion  both  in 
Congress  and  out  of  it.  The  equivocal  position  of  this 
class  is  attended  with  much  danger  in  our  southern  States. 
It  is  they,  anet  not  the  slaves,  who  are  dissatisfied  ;  it  is  of 
them,  and  not  ourselves,  of  whom  these  latter  are  jealous. 
All  these  southern  States  have  laws  for  the  regulation  of 
emancipation,  which  in  general  is  only  permitted  on  con 
dition  that  the  emancipated  slave  quit  the  State  with  the 
least  possible  delay.  They  are  subject  to  a  very  strict 
supervision,  and  in  many  places  have  to  pay  particular 
taxes.  In  some  States  they  are  obliged  to  have  guardians 
of  their  property.  In  most  they  may  be  sold,  in  order  to 
pay  the  debts  of  their  masters,  contracted  previous  to 
their  emancipation,  and  even  towards  the  payment  of 
their  present  expenses,  should  they  be  arrested  while  travel 
ing  without  a  passport  or  certificate  of  their  being  free. 
It  would  however  appear  that  the  whole  of  the  legislation 
of  the  southern  States  has  for  its  object  the  diminution  of 
that  unfortunate  but  dangerous  class  ;  or  at  least  endeavors 
to  engage  them  to  immigrate  northward.  They  however 


84  AMERICA  AND  THE  AMERICANS. 

hold  to  the  southern  climate  ;  besides,  we  should  much  de 
ceive  ourselves,  did  we  imagine  they  would  experience 
better  treatment  in  the  North  or  New  England.  In  thir 
teen  out  of  twenty-four  States,  they  are  not  permitted  to 
vote  by  the  constitution,  while  in  almost  all  the  others, 
particular  laws  exist  which  prohibit  it,  and  if  I  mistake  not, 
Pennsylvania  and  New  York  are  the  only  places  in  which 
they  have  this  liberty  of  voting. 

By  very  rigorous  laws,  some  of  the  southern  States 
have  forbidden  the  importation  of  free  negroes,  and  have 
subjected  them  to  severe  penalties,  should  they  violate 
them. 

The  constitutionality  of  this  measure  has  given  rise  to  a 
question,  which  remains  undecided,  and  which  may  yet 
remain  so  for  some  time  to  come.  It  is  of  rather  a  delicate 
nature,  which  few  seem  disposed  to  agitate. 

The  Constitution  of  the  United  States  (art.  4,  sec.  2. 
clause  1)  declares  that  all  citizens  of  one  State  shall 
enjoy  in  every  other  State  the  same  rights  as  the  citizens 
of  those  States.  Hence  a  free  negro  of  New  York  is  a 
citizen  of  that  State,  and  consequently  of  all  the  States  ; 
but  a  free  negro  of  South  Carolina*  is  neither  a  citizen  of 
that  nor  of  the  United  States,  while  the  free  negro  of  New 
York  considers  himself  entitled  to  the  rights  of  citizenship 
in  Charleston. 

When  Missouri  was  admitted  into  the  Union  in  1821, 
an  article  in  the  constitution  of  the  new  State,  forbidding 
the  entrance  of  free  people  of  color  within  its  limits,  gave 
rise  in  Congress  to  a  long  and  somewhat  dangerous  debate  ; 
the  article  was  however  assented  to,  on  condition  that  it 

*  In  1840  this  State  contained  267,360  free  persons,  white  and 
colored,  and  327,360  slaves.  The  white  people  elect  a  Senate  and 
Assembly — the  Senate  and  Assembly  elect  Electors,  and  the 
Electors  assist  in  electing  a  President  and  Vice-President  of  the 
United  States.  In  1840  the  State  voted  for  Van  Buren,  in  1844 
for  Polk,  and  in  1848  for  Cass. 


AMERICA  AND  THE  AMERICANS.  85 

should  apply  to  no  citizen  of  another  State  ;  which,  how 
ever,  instead  of  enlightening,  only  tended  to  .render  the 
matter  more  intricate.  The  discussion  of  the  admission  of 
this  State,  commonly  called  the  "  Missouri  Question," 
created  a  strong  agitation  throughout  the  Union,  and  at  a 
certain  period  even  threatened  a  dissolution.  Some 
States,  in  order  to  avoid  the  question,  took  upon  them 
selves  to  levy  a  high  capitulation  tax  on  every  free  indi 
vidual  of  color,  and  to  authorize  their  sale,  should  they  be 
unable  to  pay.  Such  a  measure  is  quite  as  unconstitutional 
as  the  other. 

This  class  of  free  people  of  color  gives  rise  to  much 
embarrassment — for  if,  on  the  one  hand,  common  sense 
admits  that,  when  once  free,  they  ought  to  be  viewed  in 
the  same  light  as  the  white  population — on  the  other, 
there  exists  a  prejudice  stronger  than  reason,  for  retaining 
them  in  a  moral  state  of  degradation,  excluding  them  from 
all  honorable  occupation. 

This  prejudice  is  carried  still  farther  in  the  East,  where 
they  experience  much  harsher  treatment  than  in  the 
South.  They  become  dangerous  to  our  slaves,  who  are 
jealous  of  their  life  of  "  nothing  to  do,"  while  there  exists 
among  them  a  class  of  preachers  connected  with  the  re 
ligious  societies  of  the  North,  of  whom  I  shall  presently 
speak,  and  who  are  unremitting  in  their  exertions  to  create 
discontent  among  our  negroes.  If  you  take  into  consider 
ation  that  the  life  and  property  of  every  inhabitant  in  the 
southern  States  is  interested  in  these  measures,  it  is 
easy  to  persuade  yourself,  constitutionally  or  not,  that  we 
cannot  renounce  them,  and  that  our  separation  from  the 
Union  would  be  the  consequence  of  any  compulsion. 
However  disastrous  such  a  step  might  be,  it  were  much 
better  to  overcome  it  than  be  annihilated.  These  are.  not 
speculative  questions,  they  affect  the  private  interest  of 
all ;  and  any  persuasions  to  the  contrary  are  preposterous. 
You  would  however  much  deceive  yourself  did  you 


86  AMERICA  AND  THE  AMERICANS. 

imagine  we  incur  any  danger.  The  Union  is  as  se 
cure  on  this  point  as  on  any  other  ;  the  division  of 
interests  and  opinions  only  serves  to  keep  up  agitation, 
which  in  itself  prevents  the  political  ocean  from  a  state  of 
corruption.  Who  is  there  that  would  call  for  an  imme 
diate  emancipation  of  our  negroes  ? — enthusiasts  or  hypo 
crites  in, religion.  It  is  possible  that  these  valiant  Don 
Quixotes  may  possess  the  support  of  public  opinion  in  the 
North  ;  but  can  this  be  compared  to  the  perfect  unanimity 
of  the  South,  based  on  the  strongest  political  principle — 
private  interest  ?  Moreover,  the  southern  States  are  not 
only  the  most  powerful,  but  also  the  most  wealthy  ;  while 
a  separation  would  be  productive  of  much  more  serious 
evil  to  the  northern  than  to  the  southern  States.  Their 
vessels  would  still  come  for  our  tobacco,  cottons,  and 
sugars,  but  they  would  have  duties  to  pay,  and  would  be 
in  no  position  to  support  a  competition  with  the  British 
manufactures,  while  we  should  continue  to  obtain  our  sup 
plies  from  the  cheapest  market.  Religious  enthusiasm  in 
a  Yankee  does  not  extend  so  far  as  to  seek  salvation  at  the 
expense  of  his  manufactories  and  commerce,  and  he  takes 
considerably  less  interest  in  the  societies  of  emancipation, 
abolition,  manumission,  transportation,  colonization,  &c., 
than  the  honest  Quaker  of  Pennsylvania  or  Maryland.  Some 
of  these  enthusiasts  endeavor  to  excite  our  slaves  to  revolt, 
believing  thereby  to  win  our  salvation.  I  can,  however, 
hardly  credit  such  a  degree  of  absurdity.  Others  seek  the 
emancipation,  taking  under  their  protection,  those  who  are 
already  free,  and  preventing  an  aggravation  of  the  laws, 
which  are  already  so  severe.  Their  end  is  honest,  but 
they  set  about  its  accomplishment  in  so  imprudent  a  man 
ner  that  they  become  dangerous  to  the  masters,  inasmuch 
as  like  Don  Quixote  they  carry  their  measures"  of  protec 
tion  so  far,  that  opposite  results  are  the  consequence. 

The  Colonization   Society,  however,  is  quite  a  distinct 
affair,  and  merits  notice.     It  has  bought  or  possessed  itself 


AMERICA  AND  THE  AMERICANS.  87 

of  a  locality  in  Africa  called  Liberia,  whither  those  negroes 
are  conveyed  who  consent  to  emigrate,  when  they  very 
soon  relapse  into  their  primitive  state.  This,  however,  is 
of  no  consequence  to  us,  provided  we  get  rid  of  them.  The 
great  difficulty  appears  to  be  in  the  slowness  of  the  Society's 
operations.  Some  few  dozen  culprits  or  reclaimed  females 
are  transported  thither  from  the  great  Atlantic  cities,  while 
in  1820  we  had  a  population  of  233,527  people  of  color. 
Some  years  ago  a  highly  respectable  gentleman  of  the 
name  of  Grainville  came  over  from  St.  Domingo  on  a  visit 
to  the  northern  States,  with  the  object  of  persuading  a 
large  number  to  emigrate  to  Hayti ;  but  they  almost  all  re 
turned,  preferring  to  enjoy  the  comparative  indolence  and 
corruption  of  our  large  towns  to  honest  industry  in  a  free 
country. 

In  concluding  this  sketch  of  slavery  and  its  conse 
quences,  I  have  another  observation  to  make  in  reference 
to  the  ridiculous  projects  of  our  Quixotic  emancipators. 
Why  precipitate  events  ?  The  total  abolition  of  slavery 
mu-st  one  day  take  place  in  the  United  States,  when  free 
labor  shall  be  cheaper  than  slave  labor.  Did  Christianity 
abolish  slavery  in  Europe  ?  Is  it  Islamism  that  perpetu 
ates  it  in  Asia  ?  Neither  the  one  nor  the  other  effected 
this  result ;  to  calculations  of  private  and  personal  jnterest 
alone  are  to  be  attributed  these  contradictory  results. 
Formerly  slavery  was  general  throughout  the  United 
States ;  but  in  proportion  as  free  labor  became  cheaper 
legislators  abolished  it.  The  same  results  occurred  in 
Virginia  and  Maryland  ;  the  population  having  augmented 
the  price  of  labor,  that  of  negroes  fell  in  proportion.  The 
proprietors  get  rid  of  them  as  soon  as  they  can ;  while 
the  negroes  are  purchased  in  order  to  transport  them  into 
other  States  where  manual  labor  is  dear.  In  some  years 
there  will  no- longer  be  any  slaves  in  these  two  States,  and 
then  the  legislator  will  do  well,  as  a  matter  of  form,  to 
abolish  it  altogether.  The  same  will  take  place  in  course 


88  AMERICA  AND  THE  AMERICANS. 

of  time  in  all  the  States,  present  and  future,  and  the  Union 
will  have  got  rid  of  this  truly  domestic  evil. 

The  greater  difficulty  exists  in  knowing  how  we  are  to 
rid  ourselves  of  the  free  negroes — it  is,  however,  clear 
that  they  would  cease  to  be  dangerous  could  they  dispos 
sess  themselves  of  the  prying  influence  of  those  who  find 
their  exclusive  occupation  in  meddling  with  that  which  in 
nowise  concerns  them.  General  and  universal  philan 
thropy  is  doubtless  an  excellent  and  commendable  thing, 
but  to  it  we  neither  owe  our  liberty  nor  our  prosperity, 
nor  am  I  aware  that  anybody  has  become  the  richer  by  it. 
It  is  for  us  to  occupy  ourselves  assiduously  and  exclusive 
ly  with  our  own  immediate  affairs  without  troubling  our 
selves  about  those  of  our  neighbor.  This  wholesome  and 
politic  maxim  has  been  bequeathed  to  us  by  Washington, 
and  should  be  put  in  practice  by  all  who  take  a  real  inter 
est  in  the  emancipation  of  the  negro,  which  must  happen 
sooner  or  later,  but  certainly  not  by  blind  party  spirit  or 
obstinate  compulsion. 


CHAPTER    V. 

RELIGION. 

Agitated  State  of  Europe,  compared  to  the  Tranquility  reigning  in 
the  United  States — Dogmas  of  the  Sects — People  of  the  States 
the  most  Religious  in  the  World — Blue  Laws  established  by  Ex 
iles  from  England — Rigid  Observance  of  Sunday — Ludicrous 
Extremes — Catholics  in  Maryland — Penn — Churches  and  Church 
Property  belong  to  the  People— Sects  the  most  extended  in  the 
States— Privileges  of  the  Clergy — Methodists  and  Baptists  most 
numerous — Their  Doctrines — Rustic  Temples  in  the  Woods — 
Singular  Meeting — Love  and  Romance  by  Moonlight — Piety  in 
Woman  akin  to  Love — Saints  and  Neophytes — Barbarous  Exhi 
bition — Saint  Medard — Unitarianism — Doctor  Channing  the  elo 
quent  Divine,  their  Chief — Presbyterianism  of  Calvin  the  Reli 
gion  of  Scotland — Spirit  of  Competition — Missions  and  Mis 
sionaries — "Revivals  of  Faith" — "False  Prophets" — Lothario 
Preachers — Ladies'  Society  for  Husbands — Religious  Societies 
— Their  Objects— Boston— Owen— Miss  Wright — The  Athenians 
— Election  of  Jefferson  opposed  by  the  Clergy. 

LONDON. 

WHILE  a  death  struggle  is  going  on  in  Europe  between 
those  whose  object  is  to  maintain  institutions  which  had 
their  origin  in  barbarous  ages,  and  those  who  seek  to  place 
them  on  a  level  with  the  enlightened  spirit  of  the  present 
day,  and  while  amid  the  civilized  people  of  all  nations  a 
considerable  portion,  more  or  less,  are  struggling  for  a 
liberty  hitherto  unknown  to  them,  and  seeking  to  obtain 
it  more  from  instinct  than  mature  calculation,  it  is  curious 
to  observe  the  calm  tranquility  which  reigns  throughout 
the  United  States — the  only  country  in  the  world  where 
the  principles  of  liberty  are  established,  unalloyed  and 
without  opposition.  It  is  this  form  of  government  for 
which  the  nations  of  Europe  are  now  fiercely  battling  at 
the  price  of  blood ;  their  ignorance,  however,  of  the  true 


90  AMERICA  AND  THE  AMERICANS. 

object  of  their  hopes  paralyzes  their  ill-directed  efforts, 
and  renders  them  abortive. 

These  reflections  have  been  suggested  to  me  by  the 
popular  tumults  which  have  lately  taken  place  in  France,* 
in  which  the  people  have  amused  themselves  in  de 
molishing  the  crosses  erected  on  the  churches,  and  by 
a  law  assimilating  the  rabbins  to  the  Catholic  priests,  and 
Protestant  ministers,  in  rendering  them  pensioners  of  the 
State. 

It  is  not  my  province  to  criticise  or  approve  of  what 
has  transpired  in  France,  and  I  shall  therefore  confine  my 
self  to  a  sketch  of  the  state  of  religion  in  the  United 
States,  where  it  exists  perfectly  free  and  independent  of 
the  government. 

I  shall  not  attempt  an  explanation  of  the  dogmas  of  the 
thousand  and  one  sects  into  which  the  people  are  divided. 
Even  to  enumerate  them  would  be  impossible,  as  they 
change  every  day ;  appear,  disappear,  re-unite,  and  sepa 
rate,  having  nothing  stable  but  their  instability.  From 
the  pure  dogmas  of  Unitarianism  down  to  the  gross  ab 
surdities  of  Methodism,  all  shades  are  found,  and  all  opin 
ions  have  their  followers.  In  this  variety  of  religions 
each  is  at  liberty  to  select  his  own,  to  change  it  when  he 
thinks  proper,  or  remain  in  suspense,  following  none. 
With  all  this  liberty,  there  is  no  country  in  the  world  in 
which  the  people  are  so  religious  as  in  the  United  States  : 
in  the  eyes  of  a  stranger  they  appear  too  much  so  ;  this 
is  merely  apparent,  however,  as  I  shall  presently  explain. 

When  the  States  of  New  England  were  peopled  by  men 
banished  from  the  mother  country  on  account  of  religion, 
they  established  a  sort  of  theocratic  government  among 
themselves.  Although  the  persecutions  which  they  had 
endured  should  have  taught  them  some  degree  of  tole 
rance,  they  began  to  exercise  all  their  power  in  prosecut 
ing  the  Quakers,  Catholics,  and  Sorcerers.  They  had 
*  Referring  to  1830-1. 


AMERICA  AND  THE  AMERICANS.  91 

compiled  a  code  of  laws  which,  for  what  reason  I  know 
not,  they  denominated  Blue  Lawsy  establishing  a  great 
many  ridiculous  practices  as  an  integral  part  of  good  mo 
rals.  Sunday  was  to  be  kept  with  the  most  rigid  obser 
vance.  On  that  day  they  were  neither  permitted  to  travel, 
nor  to  be  seen  in  the  streets  (unless  going  and  returning 
from  church),  nor  to  cook  anything,  nor  to  even  kiss  their 
wives.*  The  hair  was  worn  and  obliged  to  be  cut  in  a  par 
ticular  fashion,  and  certain  dishes  were  only  permitted  at 
certain  seasons  of  the  year.  A  thirty-sixth  part  of  the 
public  lands  in  every  town  was  reserved  for  the  endow 
ment  of  a  school  and  church  of  whatever  denomination 
they  might  think  proper,  provided  it  was  Protestant.  In 
the  States  colonized  by  the  Government,  such  as  Virginia 
and  South  Carolina,  the  Church  of  England  was  established 
according  to  the  formula  existing  in  the  mother  country, 
and  remained  so  until  the  Revolution.  The  Catholics 
banished  from  England  founded  Maryland,  and  there 
established  intolerance.  Louisiana  and  the  Floridas,  peo 
pled  by  French  and  Spaniards,  possessed  richly  endowed 
churches  and  convents.  It  was  reserved  for  the  great 
Penn  first  to  establish  the  most  complete  tolerance  of 
religious  worship  in  the  colony  of  Pennsylvania.  This 
system  was  gradually  followed  by  the  other  colonies,  and 
is  now  the  law  in  all  the  States.  At  the  period  of  the 
adoption  of  the  constitution  of  the  Union,  the  principle 
of  general  tolerance  was  not  only  adopted  as  a  part  of  the 
federal  treaty,  but  Congress  was  even  interdicted  from 
legislating  on  subjects  of  religion. 

In  all  the  States  the  churches  and  the  property  appertain 
ing  thereto  belong  not  to  the  priests,  but  to  the  congregation. 
Thus  when  a  new  town  is  founded,  a  lot  is  set  apart  for 
the  first  congregation  requiring  it ;  trustees  are  appointed, 

*  In  Miss  Caulkin's  "History  of  Norwich,"  published  by  Thos. 
Robinson  of  that  place,  the  reader  will  find  many  quaint  and 
amusing  anecdotes  on  this  subject. — TRANS, 


92        AMERICA  AND  THE  AMERICANS. 

to  whom  or  their  successors  the  lands  are  given  or  sold 
for  the  benefit  of  such  and  such  congregation.  From  that 
moment  a  corporation  is  formed,  and  is  empowered  to  sell 
or  buy,  to  sue  or  be  sued  at  law,  according  to  the  exist 
ing  conditions  in  the  charter  of  incorporation.  This  moral 
party,  as  it  were,  makes  purchases,  borrows  money, 
builds  a  church,  sells  or  hires  out  pews,  disposes  of 
places  in  the  cemetery,  &c.  ;  and  when  all  these  are  con 
cluded,  elects  a  pastor,  pays,  retains  or  dismisses  him, 
at  pleasure.  Sometimes  he  has  a  fixed  salary,  sometimes 
perquisites  in  addition,  the  use  of  a  house,  or  the  revenue 
arising  from  the  hiring  out  of  pews.  In  fact  each  congre 
gation  makes  such  or  such  an  arrangement  with  the  cler 
gyman  agreeably  to  their  wishes.  Many  of  these  congre 
gations  are  very  wealthy,  many  very  poor,  or  for  want  of 
means  become  bankrupt,  in  which  case  their  church  is 
sold  at  auction  like  any  other  property. 

It  not  unfrequently  happens  that  a  preacher  takes  it 
into  his  head  to  lecture  on  subjects  not  exactly  in  accord 
ance  with  the  pious  doctrines  of  his  congregation,  in 
which  case  the  bishop  or  the  consistory  excommunicates 
him,  or  they  change  their  form  of  religion  and  keep  their 
pastor,  or  vice  versa.  It  generally  happens  that  the  party 
excommunicated,  with  a  minority  of  the  congregation, 
forms  a  new  sect ;  in  which  case  a  new  corporation  is 
created,  and  a  new  church  built  or  purchased.  The  sect 
increases,  and  other  churches  of  the  same  denomination 
are  constructed  ;  or  it  becomes  extinct  with  its  congregation 
and  founder,  or  assumes  another  form,  or  is  divided  in 
itself,  or  remains  without  a  pastor,  which  latter  case, 
however,  is  of  very  rare  occurrence. 

The  sects  the  most  extended  throughout  the  United 
States  are  the  Episcopal  or  the  English  Church,  and  the 
Presbyterians.  In  fact  all  the  others  may  be  included 
therein.  Each  State  forms  a  diocese.  In  some  there  is 
a  fund  belonging  to  all  the  Episcopal  congregations  in 


AMERICA  AND  THE  AMERICANS.  93 

common,  in  order  to  provide  for  the  expenses  of  a  bishop, 
a  cathedral,  and  seminary ;  in  others  each  congregation 
contributes  a  certain  portion  of  its  revenue  for  the  same 
object.  An  Episcopal  Convention,  composed  of  a  certain 
number  of  deputies  from  each  congregation,  and  a  certain 
number  of  the  clergy,  elect  the  bishop,  pay  him,  and 
with  his  assistance  direct  all  the  spiritual  interests  of  the 
church  of  the  State.  Deputies  from  the  State  Conven 
tions  unite  now  and  then,  in  general  convention,  with  the 
Episcopal  Protestant  Church  in  America. 

The  Presbyterians  do  the  same,  except  that  having  no 
bishops,  the  supreme  spiritual  power  rests  with  the  con 
ventions.  This  is  the  same  in  all  the  other  sects  which 
are  sufficiently  numerous  to  follow  the  example.  It  is, 
in  fact,  the  dogma  of  the  sovereignty  of  the  people  which 
governs  the  church  as  well  as  the  state.  Each  congrega 
tion  tells  its  pastor  :  We  will  give  you  so  much  to  preach 
such  a  doctrine.  When  a  congregation  differs  in  doctrine 
with  the  convention,  it  must  either  yield  or  secede — a 
circumstance  almost  of  daily  occurrence.* 

*  The  following  note,  taken  from  a  morning  paper,  is  illustrative 
of  this  : — TRANS. 

PITTSBURG,  May  21. 

DISGRACEFUL,  SCENE  IN  CHURCH  ON  SUNDAY. — A  difficulty  took 
place  in  the  German  Presbyterian  Church  at  the  commencement  of 
the  services  yesterday  morning.  Mr.  Demler  rose  and  told  the 
minister,  Rev.  Mr.  Roehler,  that  he  was  usurping  his  place,  and 
that  he  must  immediately  leave  the  premises.  Mr.  Himmer  and 
others  interfered  for  the  purpose  of  restoring  quiet ;  but  the  alter 
cation  grew  fiercer  and  a  general  fight  ensued,  in  which  both  men 
and  women  belonging  to  the  congregation  participated,  and  which 
resulted  in  the  arrest  and  binding  over  of  Messrs.  Himmer  and 
Demler  for  their  appearance  at  court  and  to  keep  the  peace  in  the 
meantime.  It  has  been  deemed  prudent  by  the  authorities  to  lock 
up  the  church  until  the  difficulty  is  settled.  It  appears  that  there 
is  a  division  among  the  members  of  the  church,  and  that  this  dis 
graceful  scene  originated  in  the  attempt  of  the  minority  to  keep 
possession  of  the  keys  of  the  church  against  the  express  will  of  the 
majority. 


94  AMERICA  AND  THE  AMERICANS. 

All  these  congregations,  conventions,  &c.,  are  recognized 
by  the  law  merely  as  corporations  having  the  faculty 
of  purchasing,  selling,  suing,  or  being  sued  in  justice,  in 
the  same  manner  as  other  corporations,  having  for  their 
object  charities,  public  works,  or  commercial  speculations. 
The  Masonic  orders  and  lodges  are  incorporated  in  the 
same  manner,  as  well  as  the  museums,  picture  galleries, 
and  learned  societies.  The  privileges  of  the  members  of 
the  clergy  are  confined  to  exemption  from  military  duties, 
and  juries,  the  same  as  with  postmasters,  schoolmasters, 
doctors,  &c.  In  some  States,  they  are  exempt  from  pay 
ing  bridge  and  turnpike  tolls,  provided  they  are  traveling 
on  affairs  of  religion.  In  others,  they  are  excluded  from 
all  eligibility  in  public  matters.  These  privileges  and  in 
capacities  apply  equally  to  the  ministers  of  ajl  religions, 
provided  they  are  recognized  as  such  by  a  congregation  ; 
and  apply  to  them  only  so  long  as  they  remain  in  their 
pastoral  office.  In  truth,  anybody,  if  he  feels  so  disposed, 
may  preach  if  he  can  find  an  audience  to  listen  to  him, 
which  is  not  difficult ;  and  from  this  moment,  he  is  looked 
upon  as  a  clergyman.  This  is  especially  the  case  with  the 
Methodists  and  Baptists.  These  two  sects,  which  are  the 
most  numerous  in  the  United  States,  especially  in  the 
South,  believe  in  predestination,  and  efficient  grace.  They 
believe  that,  as  soon  as  a  man  has  received  pardon,  has 
been  converted  and  is  secure  in  the  internal  possession  of 
the  Holy  Spirit,  he  is  one  of  the  elect,  and  that  from  that 
moment  he  can  no  longer  sin,  and  if  so,  it  is  the  evil  one 
through  him.  The  Methodists  are  certainly  the  most  ex 
traordinary  sect,  as  being  the  most  characteristic,  and  most 
extensive  throughout  the  Union.  They  have  bishops, 
congregations  and  churches  like  other  sects  ;  but  in  addi 
tion  to  these,  they  have  assemblies  of  those  who  are  con 
verted,  or,  to  use  their  own  expression,  saints,  where 
every  body  preaches,  speaks,  and  sings,  all  together. 
Where  they  have  no  fixed  churches,  they  have  elders  who 


AMERICA  AND  THE  AMERICANS.          95 

exhort  them.  All  the  country  is  divided  into  districts, 
each  of  which  has  its  circuit-rider,  whose  duty  consists  in 
visiting  all  the  churches,  congregations,  assemblies  and 
families  of  his  district,  and  keeping  up  the  spirit  of  fanati 
cism. 

Once  or  twice  a  year,  in  each  district,  a  camp-meeting  is 
held.  For  this  object,  a  favorable  spot  is  selected  in  the 
woods,  generally*in  the  neighborhood  of  a  spring  or  stream 
of  water.  A  large  circular  space  is  cleared  out  beneath 
the  shade  of  the  giant  oaks  of  the  forest  ;  and  rows  of 
banks  or  seats  are  made  of  the  rude  timber  just  felled  for 
the  occasion  ;  out  of  which  materials  a  sort  of  pulpit  for 
oratory  is  also  constructed,  capable  of  containing  a  dozen 
preachers  at  once.  The  most  remarkable  part,  however, 
of  this  rustic  temple  is  the  pen  or  sheep-fold,  a  sort  of 
sanctum-sanctorum.  It  occupies  a  space  equal  to  about  a 
dozen  square  meters,  enclosed  like  a  cattle-pen,  and  filled 
with  straw  to  about  a  foot  in  depth.  All  the  religious 
families  of  the  neighborhood  attend,  or  previously  send 
people  to  construct  a  sort  of  shed  for  their  use,  on  the 
skirts  of  the  circle  which  has  been  cleared  out.  Hence, 
about  the  period  fixed  for  the  meeting,  this  part  of  the 
wood  assumes  the  appearance  of  a  small  village  composed 
of  rustic  dwellings,  or  rude  accommodations  for  cavalry, 
though  not  so  regular.  On  the  day  fixed,  which  is  gener 
ally  a  Sunday,  families  arrive  in  crowds,  on  horseback, 
coaches,  or  wagons,  taking  with  them  their  beds,  furniture, 
and  kitchen  utensils  ;  while  each  installs  itself,  as  if  intend 
ing  to  take  up  its  quarters  in  this  sylvan  retreat  for 
months.  All  the  Methodist  preachers,  exhorters,  elders, 
circuit-riders,  &c.,  take  good  care  to  be  there  from  within 
a  hundred  miles  of  the  surrounding  country.  The  bishop, 
or  local  preacher,  or  circuit-rider,  according  to  circum 
stances,  begins  the  ceremony  by  giving  out  a  psalm,  which 
is  sung  by  the  people  ;  this  is  followed  by  a  prayer,  and 
afterwards  a  sermon,  or  two  or  three,  according  to  the  in- 


96  AMERICA  AND  THE  AMERICANS. 

spiration  of  the  preachers  in  the  pulpit.  The  service  con 
tinues  in  this  manner,  almost  without  interruption,  during 
five  or  six  days.  I  do  not  mean  to  say  that  they  remain 
there  listening  or  preaching  the  whole  time  ;  on  the  contrary, 
all  are  at  libeity  to  do  as  they  please.  The  rich  have  very 
good  dinners,  in  their  cabins,  to  which  they  invite  the 
preachers  and  the  poor.  All  are  at  liberty  to  take  a  part 
in  the  service,  or  not,  just  as  they  please  ;  while  it  not  un- 
frequently  happens,  that  the  young  people  of  both  sexes 
take  advantage  of  these  meetings  to  make  love  and  pro 
pose  marriages.  The  tout  ensemble  presents  a  beautifully 
romantic  appearance,  while  roaming,  amid  the  umbrageous 
foliage  of  the  gigantic  primitive  trees  of  the  forest  by 
moonlight,  and  hearing  in  the  distance  the  voice  of  song 
in  hymns,  or  the  eloquence  of  the  half-frantic  and  inspired 
preachers,  with  a  fair  damsel,  whose  emotions  are  ex 
cited  to  enthusiasm  by  the  scene  around,  while  her 
mother,  perchance,  imagines  her  to  be  most  devoutly  oc 
cupied  in  prayer.  Piety  in  the  heart  of  woman  has  a 
sweet  influence,  which  melts  the  soul  to  love,  as 
love  is  akin  to  devotion  ;  hence,  it  is  not  to  be  wondered 
at,  that  in  these  nocturnal  promenades  by  moonlight, 
prayers  are  addressed  to  other  altars  than  to  those  of  re 
ligion.  In  fact,  a  real  camp-meeting  is  deemed  most  con 
venient,  on  many  accounts.  It  is  a  point  of  reunion  for  all 
idlers  and  young  people,  for  those  who  have  bargains  to 
make  or  conclude,  for  candidates  who  are  canvassing  for 
election.  Each  attends  to  his  or  her  own  little  private 
affairs,  whether  it  be  to  sleep,  eat,  make  love,  sell  a  horse, 
disparage  or  elevate  a  candidate.  At  times  the  sacred 
precincts  are  deserted  ;  silence,  for  the  first  time,  reigns 
around  the  pulpit ;  the  full  moon,  although  in  the  middle  of 
her  course,  is  veiled  by  a  passing  cloud,  and  the  stillness  of 
the  solitude  seems  to  invite  the  soul  to  rest,  and  forget  the 
thoughts  and  cares  of  the  day,  when  a  preacher,  alone,  and 
kneeling  within  the  pulpit,  gradually  raises  himself  in  a 


AMERICA  AND  THE  AMERICANS.  97 

moment  of  enthusiastic  inspiration,  and  pours  forth  a  hymn, 
beginning  in  a  feeble  voice  which  crescendo  by  degrees  as 
sumes  that  of  a  veritable  stentor.  Some  pious  devo 
tees  will  now  take  their  places  at  the  benches  ;  other 
preachers  join  in,  and  prayer  or  curiosity  speedily  forms  an 
audience.  An  enthusiastic  or  pathetic  prayer  follows  :  in 
which  the  orator  beseeches  the  saints  to  pray  for  the  con 
version  of  the  poor  sinners  among  them ;  he  represents  to 
them  both  the  grandeur  and  the  mercy  of  the  Almighty,  the 
pangs  of  perdition,  exhorts  them  to  cast  aside  all  false 
shame,  to  come  forward  and  unite  with  their  brethren  in 
praying  pardon  for  their  transgressions.  Five  or  six  persons 
will  now  arise,  slowly  advance  towards  the  sanctum- sanc 
torum,  and  in  presence  of  so  many  converts,  their  zeal 
increasing  to  a  perfect  phrensy,  they  depute  two  saints  to 
pray  with  each  of  the  new  comers.  The  neophyte,  or  newly 
converted  one,  kneels  down  on  the  straw,  sighing  in  self- 
accusation,  sobbing  and  weeping,  while  near  him  on  either 
side  a  saint,  also  kneeling,  vociferates  in  his  ear,  after  his 
own  fashion,  a  description  of  the  glory  of  the  Almighty, 
and  the  wickedness  of  Satan.  These  eighteen  or  twenty 
persons,  probably  men  and  women,  in  the  sheep-fold,  now 
commence  an  uproar  which  may  be  heard  at  the  distance 
of  miles,  crying  aloud,  singing,  praying,  weeping  or  preach 
ing  all  together.  The  bats  and  owls,  attracted  by  the  savory 
fumes  of  the  kitchens,  reply  from  their  elevated  resting 
places  ;  and  affrighted  fly  away  from  this  scene  of  tumult 
which  nothing  in  the  world  can  equal. 

It  may  happen  that  a  young  female  may  have  wandered 
with  her  lover  in  the  woods,  beyond  prudential  steps. 
Time  passes  so  quickly  away  when  with  the  fond  object  of 
our  love  !  when,  for  the  first  time,  and  in  the  spring-time 
of  life,  dreaming  of  years  of  happiness  in  a  cherished  union, 
and  hearts  wrapt,  as  it  were,  in  all  the  ideal  dreams  of 
bliss,  in  passionate  declarations  !  This  discordant  tu 
mult  startles  and  awakes  her  from  her  fond  dream  of  virgin 


98  AMERICA  AND  THE  AMERICANS. 

love  ;  with  a  troubled  spirit,  her  soul  full  of  emotion  from 
a  bliss  hitherto  unknown  and  unfelt,  and  her  nerves  excited 
and  shaken,  she  approaches  the  spot  with  fear  and  trem 
bling.  She  believes  herself  lost — then,  as  a  convert,  she 
enters  the  sacred  precincts,  and  herself  becomes  hysterical 
with  sighing,  weeping,  and  crying,  and  casting  herself 
down  on  the  straw,  almost  in  a  state  of  frantic  delirium. 

The  assistants,  preachers,  and  saints,  redouble  their  ef 
forts  and  vociferations,  to  which  the  people  cry  "  Amen." 
The  noise  and  tumult  increase,  a  conversion  so  penitent 
and  exemplary  must  not  be  buried  in  darkness,  torches  of 
resinous  wood,  procured  from  the  neighboring  pines,  are 
soon  put  in  requisition,  throwing  a  luminous  and  vivid  glow 
over  the  surrounding  scene  of  horrors  !  The  tumult  calls 
forth  the  mother  and  sisters  of  the  young  female,  who,  in 
stead  of  aiding  her,  give  thanks  to  the  Almighty,  who  in 
his  mercy  has  been  pleased  to  number  her  with  the  saints. 
They  join  their  voices  with  those  of  the  people,  and  only 
carry  her  back  to  their  cabin  when  she  has  become  com 
pletely  exhausted  and  inanimate.  On  the  following  morn 
ing,  she  believes  in  her  sanctity,  she  is  no  longer  subject  to 
sin,  whatever  she  may  do.  Even  more,  she  will  give  what 
is  called  her  experience  to  the  community,  and  will  in  public 
relate  by  what  signal  and  mysterious  means  the  Supreme 
Being  has  been  pleased  to  win  her  to  him,  and  in  the  fer 
vency  of  her  devotion  exhort  others  to  follow  her  ex 
ample.* 

This  power  of  imitation  acts  so  strongly  on  the  nervous 
system,  that  it  rarely  happens  that  a  conversion  of  this  na 
ture  takes  place  without  some  of  the  spectators  being  also 
affected  to  hysterics.  Frequently  a  score  of  people  of  all 
ages,  all  sexes  and  colors,  are  seen  rolling  about  pele  mele 

*  All  this  may  have  occurred  many  years  ago,  in  the  darker  days 
of  superstition,  but  in  the  present  enlightened  age,  we  doubt  it 
much,  and  at  least  hope  such  revolting  and  barbarous  exhibitions 
exist  nowhere  in  the  United  States. — TRANS. 


AMERICA  AND  THE  AMERICANS.  99 

on  the  straw,  with  haggard  eyes,  foaming  at  the  mouth,  in 
the  midst  of  their  saints,  who  are  praying,  singing,  weep 
ing,  and  crying  with  joy,  at  beholding  so  glorious  a  triumph 
achieved  over  his  Satanic  Majesty.  Methodism  con 
siders  them  all  on  an  equality — so  that  you  may  see  an  old 
negress  preaching  to  her  master,  or  a  negro  to  his  young 
mistress.  Perhaps  you  may  imagine  I  am  joking  in  all 
this,  or  that  I  am  reminding  you  of  the  farcical  feats  of 
Saint  Medard,  which  created  so  much  sensation  in  the 
time  of  Voltaire  ;  what  will  you  say,  however,  when  I 
inform  you  that  among  a  people,  so  eminently  rational, 
this  sect  is  so  extensively  diffused,  that  it  probably  has 
thrice  the  number  of  followers  any  other  boasts  !  It  in 
creases  daily,  and  will  probably  in  some  years'  time  be  the 
only  religion  among  the  ignorant  class  of  people  in  the 
Union. 

Unitarianism  promises  to  become  the  dominant  sect 
among  the  more  enlightened  class.  Although  its  numbers 
are  as  yet  inconsiderable,  it  is  making  rapid  progress.* 
Nothing  can  be  more  simple  than  its  tenets.  They  who  hold 
to  it  believe  not  in  the  Holy  Ghost,  and  consider  the  Savior 
only  in  the  light  of  an  inspired  man,  created  to  serve  as  a 
model  to  the  world.  They  have  no  belief  in  the  eternity 
of  future  punishments,  and  cast  aside  altogether  the  idea 
of  the  inspiration  of  the  Old  Testament.  Their  worship 
is  pure,  elegant,  and  free  from  all  sort  of  ceremony  and 
superstition  ;  they  address  themselves  solely  to  the  minds' 
reason,  both  in  the  selected  hymns  which  they  sing,  and 
in  their  sermons,  which  are  generally  moral  discourses, 
possessing  real  .literary  merit.  They  have  at  their  head  a 
man  of  the  rarest  merit,  and  most  exemplary  virtue,  a  true 
Plato,  Doctor  Channing  ;  nothing  can  surpass  his  elo 
quence,  nor  the  purity  of  his  morality,  and  of  the  doctrine 

*  I  would  premise  that  these  opinions  on  the  various  religious 
sects  and  doctrines  date  from  the  year  1831. — TRANS. 


100  AMERICA    AND    THE    AMERICANS. 

which  he  inculcates.  He  has  gained  over  a  considerable 
number  of  disciples,  which  augurs  much  for  the  future. 
The  liberality  of  this  sect  calls  down  upon  them  the  en 
mity  of  all  others,  and  none  more  so  than  that  of  the  Pres 
byterians.  They  reproach  them  with  being  nothing  more 
nor  less  than  ill-disguised  Deists,  and  with  blaspheming 
the  name  of  the  Savior  each  time  they  invoke  it.  Others 
find  the  first  reproach  well  founded,  and  in  which  they  do 
not  even  go  far  enough. 

Of  all  the  sects  in  the  United  States,  the  most  formi 
dable  is  the  Presbyterian.  Its  bilious  children,  rigid  disci 
ples  of  the  gloomy  Calvin,  have  inherited  all  his  gall  and 
venom,  and  do  not  scruple  to  arm  the  Divinity  with  their 
spirit  of  vengeance  and  Satanic  wickedness.  According 
to  their  doctrine,  all  men  have  been  created  indistinctly  to 
be  condemned,  which  they  richly  deserve  for  having  com 
mitted  the  crime  of  their  very  birth.  The  Almighty, 
however,  through  an  act  of  clemency,  sent  his  son  to  suf 
fer  for  a  part  of  the  future  race,  and  permitted  his  perfec 
tions  and  power  to  extend  to  a  select  few  predestined  be 
ings.  Those  included  in  this  number  will  be  saved  ;  the 
others,  whatever  be  their  merits,  will  be  condemned,  for, 
say  they,  good  works  cannot  of  themselves  obtain  pardon 
for  the  original  sin.  And  our  Savior  only  applies  the 
merits  of  his  atonement  to  whomsoever  it  pleaseth  him. 
There  are  even  some  among  them,  who  go  so  far  as  to 
preach,  that  good  works  are  contrary  to  salvation,  from 
their  inspiring  a  false  confidence.  Beautiful  religion  truly  ! 
better  be  lost  at  once,  than  believe  in  so  preposterous  a 
doctrine.*  This  sect,  which  was,  and  if  I  mistake  not  is 
still,  the  prevailing  religion  in  Scotland,  where  the  inimita 
ble  and  immortal  Walter  Scott  described  it  to  us  in  such 
true  colors,  in  the  times  of  its  highest  dominion,  is  very 
numerous  in  the  United  States.  Be  it  either  real  faith  or 

*  This  is  rather  a  severe  if  not  an  exaggerated  opinion  of  the 
Calvinists. — TRANS. 


AMERICA  AND  THE  AMERICANS.          101 

hypocrisy,  it  displays  more  zeal  in  gaining  over'  converts 
than  all  the  others  put  together.  And  had  it  its  own 
free  will,  it  would  speedily  carry  us  back  to  the  times  of 
the  old  blue  laws.  True,  it  is  divided  into  a  thousand 
different  sects,  as  regards  doctrine,  for  few  of  their  preach 
ers  go  so  far  as  I  may  have  stated  ;  but  notwithstanding 
this,  they  are  all  united  by  their  discipline,  and  present 
externally  a  solid  phalanx,  whatever  may  be  their  internal 
dissensions.  It  is  principally  they  who  send  missionaries 
everywhere  to  preach,  who  publish  pamphlets,  and  found 
societies  of  a  thousand  different  varieties. 

In  the  United  States,  rivalry  or  competition  is  the  great 
maxim  of  the  public  spirit,  and  this  distinctive  trait  is 
found  everywhere  ;  as  well  in  the  government,  as  in  pri 
vate  enterprise,  and  the  church.  Many  young  men  re 
ceive  an  altogether  literary  education,  in  the  thousand  and 
one  colleges  of  the  Union  ;  those  who  have  an  indepen 
dence,  or  means  sufficient  to  enable  them  to  begin  a  pro 
fession,  without  being  altogether  dependent  upon  it,  do 
very  well.  But  there  are  many,  who,  possessing  nothing, 
being  the  sons  of  poor  cultivators  or  mechanics,  can  no 
longer  think  of  quitting  the  muses  for  the  plough  or  plane. 
This  is  particularly  the  case  in  New  England,  where  all 
are  more  or  less  well  brought  up.  The  most  enterprising 
among  them  become  lawyers  or  doctors,  and,  finding 
the  posts  in  the  neighborhood  occupied,  establish  them 
selves  on  the  frontiers.  Many  become  schoolmasters,  and 
in  truth,  throughout  the  Union,  there  is  scarcely  one  of 
this  useful  class,  who  does  not  come  from  these  States. 
The  most  idle  become  preachers.  This  career  never  ex 
tends  so  far  as  the  two  former,  but  it  is  more  certain,  and' 
is  profitable  from  the  commencement,  while  in  the  other 
professions,  of  law  and  medicine,  it  is  necessary  to  have 
acquired  some  reputation,  before  possessing  the  means  of 
existence. 

If  the  young  preacher  possess  talent,  he  enters  into  a 


102          AMERICA  AND  THE  AMERICANS. 

discussion  with  the  elders  on  some  obscure  point  of  doc 
trine,  becomes  excommunicated,  exclaims  against  their 
persecution  of  him,  founds  a  new  sect,  and  makes  his  for 
tune.  In  this  attempt,  however,  he  may  make  a  total  fail 
ure,  while  the  surest  way  is  for  him  to  enroll  himself 
quietly  with  the  Presbyterian  clergy.  But  it  may  be  ask 
ed,  with  so  limited  a  number  of  good  congregations  who  pay 
well,  and  which  the  elders  naturally  wish  to  keep  to  them 
selves,  how  is  this  innumerable  host  of  minor  preachers  to 
be  provided  for  ?  Sacerdotal  ingenuity  thus  deploys  itself. 
In  the  first  place  missions  must  be  established  among  pa 
gan  nations.  They  already  exist  in  Continental  India,  and 
especially  in  the  Islands  of  the  Pacific  Ocean,  where  the 
American  priests  have  created  for  themselves  a  little  Para 
guay  in  the  Sandwich  Islands,  and  where  they  have  at  the 
same  time  done  much  harm  in  putting  a  stop  to  the  only 
commerce  for  which  the  inhabitants  of  the  country  felt  an 
inclination.  There  are  some  also  among  our  Indian  tribes, 
whom  they  imagine  they  civilize,  and  who  also  do  much 
harm  in  encouraging  them  to  resist  and  oppose  the  govern 
ment  for  fear  of  losing  their  stations,  which  ordinarily  con 
sist  of  very  fine  productive  farms.  Besides  these,  there  are 
many  more  scattered  throughout  the  United  States,  where 
there  is  no  regular  established  church  of  their  persuasion. 
They  travel  on  horseback,  putting  up  among  their  con 
verts,  where  both  "  man  and  horse"  are  well  provided  for, 
for  which  they  pay  in  prayers  and  sermons.  They  cor 
respond  with  directing  committees,  raise  subscriptions  for 
the  building  of  churches,  which  perchance  may  never  ex 
ist,  preaching  everywhere,  converting,  intriguing,  sowing 
dissensions  in  families,  and  when  they  have  succeeded  in 
making  an  impression,  and  gaining  over  about  a  dozen  peo 
ple  in  a  village,  celebrate  what  they  call  a  revival  of  faith. 
To  this  effect,  five  or  six  preachers,  at  least,  assemble  to 
pray,  sing  and  preach  all  day  for  several  consecutive  days. 
The  minds  of  the  people  become  excited,  their  spirits  ex- 


AMERICA  AND  THE  AMERICANS.  103 

alted  (especially  among  the  women),  they  fast,  make 
subscriptions  to  build  or  repair  the  church,  or  for  some 
other  pious  object.  Bibles  are  then  distributed,  also  pam 
phlets  and  other  religious  journals  or  tracts,  a  religious  so 
ciety  is  organized,  a  lay  committee  is  named  to  go  from 
door  to  door  to  inquire  after  the  spiritual  welfare  of  the  fam 
ilies,  and  to  exhort  them  to  go  to  church,  and  avail  them 
selves  of  the  moment  while  the  door  of  mercy  and  salvation  is 
opened  to  them,  whereby  they  may  enter  into  the  holy  com 
munion  of  the  saints.  These  gentlemen  are  however  not 
very  courteously  received  by  those  whose  opinions  are  al 
ready  decided  ;  but  timid  people  who  had  at  first  concealed 
themselves  dare  not  resist  them,  and  on  their  conversion 
go  to  swell  the  list  which  is  forwarded  to  head-quarters. 
The  apparent  object  of  these  revivals  is  to  place  a  new  and 
handsome  Bible  in  all  the  houses  of  the  place,  to  mulct  the 
credulous  peasants  in  a  certain  portion  of  their  hard  earned 
gains  in  order  to  circulate  it ;  which  you  can  well  imagine, 
while  they  forbid  them  their  little  harmless  recreations, 
break  their  fiddles  and  flutes,  dance  off  the  dancing  master, 
extends  the  countenances  of  the  inhabitants  to  a  foot  in 
length,  and  gives  their  complexions  a  jaundiced  appearance. 
These  effects,  however,  do  not  last  long,  for  the  youno; 
ladies  begin  very  soon  to  perceive  that  these  changes  by 
no  means  increase  their  chances  of  matrimony,  and  now 
that  these  young  missionaries,  so  sanctified  and  eloquent, 
showing  their  fine  white  teeth,  and  displaying  their  hand 
some  embroidered  linen,  are  off  without  making  a  choice 
among  the  belles  of  the  place,  they  console  themselves, 
and  are  replaced  by  a  brigade  of  topographical  engineers, 
who  come  to  make  the  plan  of  a  canal,  and  who,  in  hand 
some  uniforms,  swear,  drink  mint  juleps,  go  not  to  church, 
but  dance  and  make  love.  With  all  this,  gayety  is  re-es 
tablished,  and  to  captivate  them  faith  disappears,  the  coun 
tenance  assumes  its  wonted  fullness  of  health,  and  the 


104          AMERICA  AND  THE  AMERICANS. 

belles  recover  the  lost  roses  on  their  blooming  cheeks  so 

O 

natural  to  them. 

Marriage  is  however  sometimes  a  favorite  speculation 
with  young  preachers.  If  they  are  handsome,  by  dressing 
well  and  taking  a  special  care  to  say  little,  they  find  means 
to  succeed,  and  if  the  father  of  some  rich  fair  one  be  ever 
so  little  religiously  inclined,  it  only  remains  for  him  to  gain 
over  his  spiritual  assistance  on  the  same  conditions  as  the 
malade  imayinaire  won  over  his  physician.  In  general, 
however,  if  he  be  young,  the  preacher  who  marries  a  rich 
heiress  thrown  off  the  gown,  and  becomes  either  a  farmer 
or  a  merchant. 

Pious  people  have  so  much  regard  for  their  pastors,  that 
there  exists  in  New  England  (at  New  Haven  if  I  mistake 
not)  a  society  of  ladies  wrhose  province  it  is  to  obtain 
wives  for  the  missionaries  who  are  about  leaving  for  dis 
tant  countries.  As  soon  as  the  Foreign  or  Home  Mis 
sionary  Society  has  resolved  to  establish  a  new  station 
either  in  Cochin-China,  one  of  the  Islands  of  the  Pacific, 
or  the  Western  Deserts,  they  fix  a  salary,  and  select  some 
young  man  to  fill  the  office.  He  officially  announces  his 
appointment  to  the  ladies'  society,  who  provide  him  with  a 
wife  ;  and  they  are  not  unfrequently  married  without  even 
having  previously  seen  each  other,  and  pass  directly  from 
the  altar  on  board  the  ship,  in  which  they  will  probably 
make  a  voyage  half  round  the  world  before  they  have  time 
to  recover  from  their  astonishment  at  this  sudden  transi 
tion  to  the  connubial  state. 

The  number  of  religious  societies  existing  in  the  United 
States  is  truly  astonishing.  They  are  to  be  found  every 
where.  Their  object  is  to  distribute  Bibles,  tracts,  and  re 
ligious  journals,  convert,  civilize  and  educate  the  Indians, 
marry  the  missionaries,  take  charge  of  their  widows  and 
orphans  ;  to  preach,  extend,  purify,  preserve  and  reform 
the  gospel ;  construct  churches,  endow  congregations,  sup 
port  schools,  catechize  and  convert  sailors,  negroes  and 


AMERICA  AND  THE  AMERICANS.          105 

unfortunate  females ;  to  see  that  Sunday  is  religiously  ob 
served,  establish  Sunday-schools,  where  young  females  are 
employed  in  teaching  the  little  idle  children  in  reading  and 
the  catechism,  and  lastly,  reclaiming  drunkards.  This  last 
society  (temperance)  has  above  all  others  extensive  rami 
fications.  The  members  are  pledged  to  drink  no  distilled 
liquors,  nor  allow  others  to  do  so  in  their  residences  ;  wine 
however  is  an  exception  to  this  rule  with  all  these  re 
ligions.  These  societies  have  multiplied  an  hundred-fold. 
There  is  certainly  no  clergy  in  the  world  which  costs  so 
much  to  the  people  as  the  American  ;  to  do  them  justice, 
however,  these  contributions  are  wholly  voluntary. 

A  young  man  who  enters  the  church  is  not  long  in 
making  himself  comfortable — if  not  his  fortune.  If  he  is 
handsome  he  marries — if  a  man  of  talents  he  preaches,  be 
comes  distinguished  by  his  writings,  or  as  chief  of  a  new 
sect — and  if  he  is  clever  in  general  affairs,  he  forms  some 
new  society,  of  which  he  takes  the  sole  direction.  You 
will  probably  ask,  after  having  perused  this,  whether  reli 
gion  in  these  forms,  supported  by  such  means,  and  having 
the  command  of  so  large  a  capital,  does  not  make  rapid 
progress,  and  as  it  were,  carry  all  before  it  ?  It  is  not  so  ; 
as  a  ship  laboring  against  the  tide  appears  to  advance 
rapidly,  if  we  observe  the  current,  but  remains  almost 
stationary  when  seen  from  the  land.  So  is  the  church 
subject  to  the  great  conflicting  currents  of  public  opinion, 
literature  and  the  philosophy  of  the  age,  which  nothing 
can  resist.  Boston  was  formerly  the  center  of  bigotry  ;  it 
is  now  the  abode  of  that  philosophic  sect  the  Unitarians, 
and  has  become  the  sanctuary  of  letters,  &c.  You  can 
cite  few  men  of  that  city  distinguished  in  politics  or  litera 
ture  who  are  not  Unitarian  in  principle.  The  University 
at  Cambridge,  which  is  hard  by,  forms  their  head 
quarters,  whence  it  is  disseminated  from  one  end  of  the 
Union  to  the  other. 

In  this  land  of  liberty  all  are  free  to  entertain  and  pro- 
5* 


106          AMERICA  AND  THE  AMERICANS. 

mulgate  their  own  opinions,  provided  they  do  not  come  in 
collision  with  the  civil  law  of  the  country.  Hence  the 
United  States  has  been  the  refuge  of  all  classes  of  vision 
aries.  The  Moravian  Brothers,  Shaking  Quakers,  Harmo 
nists,  Robert  Owen,  and  ftjjss  Wright,  have  transported 
themselves  hither,  and  taken  up  their  abode  among  us.  I 
shall  not  notice  the  first  of  these,  whom  I  look  upon  as  a 
species  of  monomaniacs,  whose  numbers  have  neither  in 
creased  nor  decreased  since  their  foundation — of  whom  no 
body  troubles  themselves,  and  who  possess  no  influence 
whatever  on  the  spirit  of  the  age.  The  two  latter,  how 
ever,  are  different,  and  merit  notice.  All  know  Mr. 
Owen,  the  proprietor  of  New  Lanark,  in  Scotland,  where 
he  founded  a  community  of  workmen  in  the  manufacturing 
line.  These  people  lived  in  common  ;  their  children  were 
well  brought  up ;  they  dressed  well  ;  studied  literature 
and  the  arts  in  their  leisure  hours  from  labor,  which, 
though  few,  were  much  more  productive  than  the  work 
done  in  other  establishments  of  a  like  nature,  as  all  was  so 
admirably  arranged.  Hence  he  encouraged  the  idea  that 
the  actual  state  of  society  might  be  so  reformed  as  effectually 
to  destroy  all  causes  of  moral  and  physical  evil.  It  there 
fore  only  remained  for  them  to  live  in  common  after  the 
plan  which  he  suggested.  Proprietor  of  an  immense  for 
tune,  followed  by  ardent  disciples,  himself  most  enthusi 
astic,  and  possessing  much  good  faith,  endowed  with  a 
remarkable  aptitude  for  business,  winning  persuasion,  and 
a  patience  above  trial,  he  came  to  the  United  States,  with 
the  object  of  establishing  his  plans.  His  doctrine  is  the 
most  complete  as  regards  materialism  and  atheism.  He 
denies  the  existence  of  all  moral  evil — considers  the  only 
object  or  end  of  existence  that  of  happiness  ;  to  ac 
complish  which,  in  his  opinion,  all  measures  are  allowable. 
He  attributes  to  physical  all  the  phenomena  of  moral  order. 
He  denies  not  the  existence  of  crime,  but  attributes  it  to 
the  obstacles  which  society  in  its  present  state  opposes  to 


AMERICA  AND  THE  AMERICANS.  107 

the  happiness  of  a  majority  of  individuals,  and  deems  that 
opposing  it  will  eventually  destroy  them.  There  can 
be  no  doubt  that  if  all  the  world  were  happy,  there  would 
be  no  crimes.  But  happiness  is  differently  viewed  by 
different  characters.  Hence  Mr.  Owen  draws  his  own 
conclusions  accordingly.  He  assumes  that  all  possess 
talents  for  some  particular  occupation,  but  in  that  they 
ought  not  to  pride  themselves,  since  it  is  the  result  of 
their  peculiar  organization ;  that  all  arts,  trades  and  pro 
fessions  are  therefore  equal  in  dignity, — and  hence  remu 
neration  of  all  labor  should  be  equal  in  p'oint  of  salary  ; 
that  if  in  his  proposed  community-towns,  each  worked 
six  or  eight  hours  a  day,  according  to  will,  the  result 
would  be  an  abundance  of  all  the  enjoyments  of  luxury 
and  the  arts  ;  a  surplus  of  capital  to  be  employed  in  edu 
cating  the  future  generations,  which  being  born  in  the 
midst  of  plenty  and  happiness,  brought  up  divested  of  our 
prejudices,  our  vices  and  wants,  in  ignorance  even  of  their 
existence,  could  not  fail  to  make  immense  progress 
in  the  arts  and  sciences  so  necessary  to  happiness.  It 
must,  however,  be  borne  in  mind,  that  there  exists  no 
curb  or  restraint  to  this  illimited  liberty  which  he  would 
give  them.  Marriage  is  unknown.  They  unite  and  part 
as  it  pleases  them,  while  the  children  are  brought  up  at 
the  general  expense  of  all.  It  is  true,  that  far  from  en 
couraging  libertine  life,  he  assumes  that  man,  being  a 
monogamous  animal,  may  be  permitted  to  choose  a  com 
panion,  to  whom,  after  a  slight  previous  intercourse  he 
might  be  more  attached,  than  if  bound  by  lawful  wedlock. 
There  is  some  probability  in  this,  though  to  me  it  appears 
in  the  light  of  a  dream  of  the  transformation  of  earth  into 
a  universal  Arcadia ;  and  man  and  woman  innocent  as 
when  they  first  knew  Eden,  enjoying  an  uninterrupted 
state  of  happiness  above  what  we  can  conceive  in  our  pre 
sent  state  of  frail  corruption.  Thus  promulgating  the 
destruction  of  all  constituted  institutions  in  the  country 


108          AMERICA  AND  THE  AMERICANS. 

within  two  years,  and  preaching  atheism,  this  honest 
enthusiast  traversed  the  country,  and  purchased  immense 
property  in  the  West.  He  preached  everywhere,  even 
before  Congress  ;  he  even  won  over  many  literary  par 
tisans,  or  rather  young  naturalists  and  medical  students. 
With  these  he  set  out  for  the  desert,  established  a  commu 
nity  there,  spent  large  sums  of  money,  and  returned  from 
thence  some  time  after.  Philadelphia,  however,  still 
preserved  its  population.  The  institutions  of  the  old 
society  still  existed,  and  in  a  word,  his  wild  project  turned 
out  a  complete  failure.  He  returned  to  England,  where 
he  now  is,*  and  where  he  gave  out  and  maintained,  that 
of  all  countries  America  was  the  most  corrupt,  and  the 
least  adapted  to  appreciate  his  doctrines.  The  society 
which  he  had  formed  still  existed,  and  even  published  a 
journal.  His  followers,  in  adapting  his  theory  to  a  certain 
point,  have  altogether  abandoned  the  idea  of  his  commu 
nity-towns.  He  saw  it  was  much  easier  to  find  young 
artists,  medical  students  and  naturalists,  than  workmen, 
cooks  and  sentimental  cobblers,  or  young  men  well  edu 
cated,  who  would  feel  a  natural  taste  for  brushing  their 
own  clothes,  or  laboring  at  carrying  a  hod  half  the  day, 
passing  the  remainder  in  literary  and  philosophical  con 
versations,  and  at  the  same  time  giving  themselves  up  to 
the  pure  and  refined  pleasures  of  sentiment. 

Owen  failed  completely,  although  he  certainly  created 
a  sensation.  His  frank  and  polished  but  decided  manner 
of  attacking  Revelation  did  not  fail  to  produce  a  strong 
sensation.  He  is  never  offended  ;  looking  upon  a  man 
who  would  strike  him,  in  the  same  light  as  he  would  a 
falling  tree,  striking  him  upon  his  head.  He  endeavors  to 
avoid  it,  but  is  never  angry.  His  arrival  created  a  great 
stir  among  the  clergy,  who  feared  that  persecuting  him 
would  only  serve  to  strengthen  him.  At  a  later  period  a 
Rev.  Mr.  Campbell  consented  to  support  a  public  thesis 

*  If  I  mistake  not,  he  is  now  dead. 


AMERICA  AND  THE  AMERICANS.          109 

against  him  in  a  church.  It  lasted  several  days,  in  pre 
sence  of  an  immense  assemblage  ;  and  when  the  question 
was  put  to  the  vote,  the  priest  carried  his  point  by  an  im 
mense  majority.  Notwithstanding  this,  people  accus 
tomed  themselves  to  listen  to  and  read  free  discussions  on 
the  foundations  of  his  faith,  and  to  reflect  thereon  without 
prejudice.  About  forty  years  ago  Thomas  Paine  was  near 
being  stoned  to  death,  for  supporting  doctrines  which  are 
now  propagated  by  five  or  six  journals  in  the  United 
States. 

It  would  have  been  more  rational  if  the  disciples  of 
Mr.  Owen  had  confined  themselves  to  attacking  old  pre 
judices  and  errors  instead  of  disseminating  new  ones, 
whose  object  was  certainly  not  the  reformation  of  society. 
Miss  Wright,  a  woman  possessing  much  talent,  has 
taken  up  the  cause  of  the  negro  and  Indian  of  her  sex,  so 
cruelly  oppressed  by  the  tyranny  of  mankind,  and  occa 
sionally  adds  some  little  diatribes  against  all  kinds  of  social 
order,  traveling  throughout  the  Union,  preaching  ma 
terialism  and  anarchy,  in  the  name  of  virtue  and  liberty. 

Many  other  disciples  of  the  same  sect  have  established 
themselves  in  the  large  cities,  endeavoring  to  produce  a 
political  convulsion  by  influencing  the  minds  of  the  poorer 
and  laboring  classes,  and  exciting  them  against  the  rich 
and  all  social  order.  They  preach  agrarian  laws,  equal 
division  of  property,  the  universality  of  a  gratuitous  classi 
cal  education  ;  and  endeavor  by  that  means  to  elevate 
themselves  to  power.  They  have  already  succeeded  in 
carrying  two  elections,  even  in  New  York — but  this  influ 
ence  soon  died  away.  The  people  of  the  Union  are  too 
happy  and  too  rational  to  allow  themselves  to  be  influ 
enced  by  such  jugglery — which  may  be  called  true  St. 
Simonian  atheism.  All  these  sects  produce  much  more 
good  than  harm — for  even  if  they  win  over  some  lunatics 
they  call  forth  discussion  and  opposite  opinions  among  en 
lightened  men,  and  counterbalance  the  efforts  of  the  clergy. 


110          AMERICA  AND  THE  AMERICANS. 

The  mass  of  the  Athenian  people  were  neither  cynical, 
epicurean  nor  peripatetic.  These  sects  existed,  argued, 
the  nation  became  enlightened,  judged  and  doubted.  The 
people  of  the  States  are  following  in  the  same  steps,  but 
whatever  may  be  the  religion,  it  will  never  take  an  Owen- 
ite  tendency.  It  will  be  wise  and  happy,  and  delivered 
from  the  yoke  which  at  present  oppresses  her. 

We  must  admit  that  on  a  first  view  of  the  general  phy 
siognomy  of  the  United  States,  religion  is  the  only  point 
which  astonishes  a  stranger.  Sunday,  especially  in  the 
North  and  East,  is  a  day  which  is  kept  with  the  most  rigid 
observance.  On  that  day  there  is  no  theatre  nor  society, 
the  shops  are  closed,  the  streets  comparatively  deserted 
and  communications  generally  interrupted.  Scarcely  will 
they  permit  the  postoffice  in  the  States  to  transport  dis 
patches — and  for  this  we  had  to  thank  the  representatives 
from  the  South.  People  only  go  out  to  attend  church. 

On  the  subject  of  religion,  the  opinion  which  has  been 
formed  in  general  of  the  force  of  religious  prejudices  is 
much  exaggerated.  The  incredulous  party  have  only  to  be 
made  sensible  of  their  strength  in  order  to  subdue  the  yoke 
of  superstition,  and  have  of  late  years  made  rapid  progress 
towards  this  desirable  end.  At  one  period  the  clergy  with 
all  their  influence  could  not  prevent  the  election  of  Mr. 
Jefferson,  who  had  publicly  denied  all  belief  in  the  Bible. 
In  fifty  years  hence  further  and  more  important  changes 
will  become  developed. 


CHAPTER    VI. 

ON  THE  ADMINISTRATION  OF  JUSTICE. 

Murat  Commences  his  Legal  Career  at  the  age  of  twenty-six — 
Anecdote  of  his  Escape  from  Naples — Pleasures  of  the  Legal 
Profession — Influence  of  a  Barrister,  his  Importance  at  the  Bar, 
his  Triumphs — Anecdotes  of  Brougham,  Eldon,  Burke,  O'Con- 
nell,  &c. — Laws  of  America  differ  from  those  of  England — Consti 
tution  of  America  and  of  each  separate  State — Virginia — Treaties 
with  Foreign  Powers — Treaties  by  the  Executive — The  Statutes 
— Common  Law,  its  origin — Laws  of  Ancient  Britons,  Anglo- 
Saxons  and  Normans — Sir  William  Blackstone,  his  Commen 
taries — Lord  Coke — Absurdities  in  Common  Law — Anecdotes — 
Lord  Brougham — Jeremy  Bentham — Statutes  of  Donis — Study  of 
the  Law — Digests — Tribunals  in  the  States — Lord  Chancellor  of 
England,  Keeper  of  the  Great  Seal  and  the  King's  Conscience — 
Powers  of  a  Chancellor — John  Marshall — Writs  of  Habeas-Cor- 
pus — Mandamus — Quo  Warranto — Law-Courts,  £c. 

BRUSSELS. 

DESTINY  has  placed  me  in  many  singular  positions,  and 
often  of  an  opposite  character.  I  have  always  obeyed  its 
decrees,  curious  to  know  where  my  little  adventurous 
bark  would  conduct  me.  I  have  never  had  real  cause  to 
complain,  and  I  have  gathered  flowers  from  the  banks,  to 
which  I  had  been  transported  without  knowing  how  ; 
while  it  has  often  happened,  that  the  shores  which  I 
looked  upon  as  barren  have  proved  to  be  the  most  fertile 
in  agreeable  sensations.  For  example  :  established  in  a 
new  country,  such  as  I  have  already  described,  reverses 
of  fortune  rendered  my  financial  position  rather  embarrass 
ing.  At  the  age  of  twenty-six  I  commenced  my  legal  ca 
reer.*  I  purchased  my  professional  library  from  one  of 

*  Prince  Achille  Murat  (eldest  son  of  the  heroic  "  beau  sabreur" 
and  unfortunate  king  of  Naples),  like  another  Thaddeus,  has  led,  as 
"  the  world  goes,"  an  adventurous  life.  While  serving  under  him 
as  Colonel  in  the  Foreign  Legion  in  the  fortress  of  Ath,  during  the 


112          AMERICA  AND  THE  AMERICANS. 

my  neighbors  retiring  from  practice,  for  a  pair  of  oxen  and 
a  bill  at  long  date  ;  and  began  to  study  law  during  the  winter, 
not  altogether  forgetting  my  plantation  duties  ;  and  what  I 
anticipated  would  turn  out  to  be  a  disagreeable  occupation, 
as  being  altogether  so  contrary  to  my  previous  career  and 
habits,  I  became  extremely  attached  to,  pursued  it  \  ith 
enthusiasm,  and  have  ever  since  spoken  of  it  with  most 
pleasing  reflections.  With  us  the  avocat  is  looked  upon  as 
almost  the  first  man  in  the  State  ;  he  forms  the  true  aris 
tocracy  of  the  country,  for  besides  the  moral  and  political 
influence  which  he  enjoys,  his  life  is  one  continued  series 
of  interesting  occupations,  in  which  he  is  both  actor  and 
spectator.  Nothing  in  my  opinion  is  so  interesting  as  the 
interior  of  a  tribunal.  A  theatre  is  but  a  feeble  comparison 
to  a  court  of  justice,  for  in  the  latter  we  have  truth  in 

•war  in  Belgium,  he  related  to  me  the  following  anecdote  em 
blematic  of  life's  vicissitudes  : — 

When  the  royal  family  were  driven  from  Naples,  and  after  his 
life  had  been  attempted  by  poison  (the  terrible  effects  of  which 
affected  his  constitution  till  his  death),  he  made  his  escape  with 
the  assistance  of  some  devoted  partisans,  and  embarked  on  board 
a  merchantman  bound  to  Liverpool  in  the  disguise  of  a  sailor-boy, 
and  worked  his  way  before  the  mast.  It  happened  that  a  gentle 
man  of  the  legal  profession  was  on  board,  who  now  and  then  dur 
ing  the  passage  particularly  noticed  him.  Before  the  voyage 
was  half  over  he  entered  frequently  into  conversation  with  him, 
and  was  struck  with  the  intelligence  he  evinced.  Arrived  at  Liv 
erpool,  the  gentleman  offered  him  money,  which  he  declined.  He 
then  ^invited  Murat  to  breakfast  with  him;  after  partaking  of 
which  and  enjoying  an  agreeable  intellectual  conversation,  the 
sailor-boy,  wishing  to  return  the  compliment,  invited  the  gentleman 
in  return.  This  astonished  his  host  not  a  little  ;  however,  "  for  the 
fun  of  the  thing"  the  gentleman  accepted.  And  on  calling  on  his 
guest  the  following  morning,  what  was  his  astonishment  at  finding 
the  sailor  turned  into  the  gentleman,  surrounded  with  elegance, 
and  a  breakfast  fit  for  a  Lucullus.  Murat  explained  ;  he  was  the 
exiled  Prince  of  the  Two  Sicilies,  and  made  his  escape  in  the  dis 
guise  of  a  sailor,  to  escape  the  horrors  of  a  cruel  death -at  the 
hands  of  despotism. — TRANS. 


AMERICA  AND  THE  AMERICANS.          113 

the  scenes  before  us.  Tragedy,  farce,  drama,  comedy — 
all  are  there,  while  the  actors  are  much  better,  inas 
much  as  they  represent  the  passions  which  they  really 
feel.  I  speak  of  the  parties  and  their  witnesses.  You  must 
yourself  have  practiced  to  know  the  pleasure  one  feels  in 
following  up  an  idea,  and  unncstling  a  law,  which  seemed  to 
have  escaped  you  after  toiling  through  the  intricate  mazes 
of  twenty  musty  volumes.  And  when  you  find  it ;  after 
having  verified  a  thousand  citations,  what  a  triumph  ! 
Very  different  to  running  over  a  twenty  mile  course  in  a 
fox-hunt !  You  now  address  the  court;  with  what  plea 
sure  you  enjoy  the  perplexity  and  surprise  of  your  oppo 
nent  at  your  fortunate  discovery !  He  wishes  to  put  off 
the  cause — you  oppose  it — he  must  plead  instanter.  The 
examination  of  witnesses  begins.  All  are  in  his  favor — 
until  you  cross-examine.  I  know  nothing  more  amusing 
than  in  the  presence  of  a  good  jury  to  examine  a  witness 
half  fool  and  half  knave,  who  has  already  had  his  instruc 
tions  from  the  opposite  party.  What  artifice  it  requires 
to  upset  him,  and  afterwards  with  what  facility  the  skillful 
arguments  of  your  adversary  are  annihilated  !*  Then 

*  Many  incidents  of  this  nature  might  be  quoted  of  gentlemen 
of  the  legal  profession  and  orators  rising  to  wealth  and  honor, 
through  a  "  case  in  point,"  and  in  the  language  of  Shakspeare,  tak 
ing  "  the  tide  at  its  flood."  Scott,  an  obscure  barrister,  from  a  for 
tunate  case  rose  to  become  Earl  Eldon  and  Lord  High  Chancel 
lor.  Mr.  Brougham  from  his  eloquent  defense  of  Queen  Caroline 
and  ultimate  triumph,  rose  into  public  ^imc,  and  became  Lord 
Brougham  and  Vaux,  and  Lord  High  Chancellor,  although  he  has 
now  forgotten  and  repudiated  those  patriotic  and  honorable  prin 
ciples  which  raised  him  to  the  peerage  of  his  country.  Burke  be 
came  immortalized  in  the  celebrated  impeachment  of  Lord  Hastings, 
as  did  Sheridan,  Cur  ran,  Grattan,  the  last  not  only,  however,  in  this 
trial,  but  in  the  great  cause  of  the  independence  of  America.  The 
great  agitator  O'Connell  also  rose  to  distinction  from  the  eloquence, 
tact  and  universal  success  with  which  he  conducted  his  cases,  and 
a  perusal  of  the  history  of  his  life  would  be  no  less  instructive  to  the 
barrister  than  entertaining  to  the  reading  public  in  general.  His 


1  14          AMERICA  AND  THE  AMERICANS. 

follow  the  pleadings  ;  in  which  the  actor  is  developed, 
and  in  which  he  deploys  all  his  energy  and  most  brilliant 
efforts  ;  and  whether  we  come  off  triumphant,  whether  we 
win  or  lose  the  cause,  we  at  least  have  the  satisfaction  of 
knowing  that  in  conscience  we  did  all  in  our  power  in 
hehalf  of  our  client,  who,  even  should  his  counsel  lose  a 
well-conducted  suit,  cannot  hut  unite  with  the  bar  and 
audience  in  their  flattering  encomiums  on  his  eloquent  and 
laudable  efforts  to  gain  it.  So  that  whatever  may  be  the 
fate  of  the  cause,  it  always  affords  a  barrister  some  degree 
of  triumph.  Whenever  I  speak  of  this  profession  it  is 
always  con  amore.  The  hours  I  spent  therein  were  the  hap 
piest  in  my  life.  I  will  now  endeavor  to  afford  you  some 
idea  (imperfect  as  it  may  be)  of  the  legal  profession  and 
of  the  administration  of  justice  in  the  United  States.  Hav 
ing  here  however  no  works  with  me,  I  cannot  as  I  ought 
quote  from  authorities.  I  will  abstain  from  making  any 
comparison  between  the  French  and  American  systems, 
because  the  former  is  not  so  familiar  to  me. 

Our  government  and  institutions  are  founded  on  expe~ 
rience.  True  it  is  that  nearly  two  generations  have  passed 
away  since  the  Revolution,  to  which  the  Union  owes  its 
existence,  and  that  up  to  this  period,  taking  into  consider 
ation  the  general  progress  which  has  been  made,  you  will 
confess  that  our  essay  has  been  by  no  means  a  failure.  I 
have  already  had  occasion  to  remark,  that  the  principle  of 
our  government  is  altogether  new,  and  but  little  known 
out  of  the  United  States.  It  consists  in  the  sovereignty  of 
the  law,  and  in  the  supremacy  granted  to  its  ministers  and 
expounders. 

It  becomes  therefore  of  some  importance  to  examine  its 
origin,  and  different  kinds. 

skill  in  cross-examining,  and  his  profound  knowledge  of  the  Irish 
character,  has  saved  many  an  innocent  man,  and  not  a  few  crimi 
nals,  by  his  force  of  persuasion  and  pertinent  remarks  influen 
cing  the  jury,  accompanied  by  an  exuberance  of  witty  illustrations, 
as  well  as  "  facts  in  point." — TRANS. 


AMERICA  AND  THE  AMERICANS.          115 

The  people  of  the  United  States  being  sovereign,  not 
only  in  theory  and  right,  and  every  where,  but  also  in 
practice,  and  by  the  written  law  of  the  land,  it  has 
pleased  the  people  to  give  themselves  a  Constitution,  and 
intrust  to  certain  hands  the  exercise  of  the  supreme  power. 
So  long  therefore  as  the  Constitution  shall  exist,  it  is  the 
paramount  law,  all-powerful,  and  which  all  must  obey. 
The  people  made  it,  and  they  alone  can  amend  or  destroy 
it ;  on  this  point  it  is  executive  in  all  the  courts  of  justice, 
and  no  law  to  the  contrary  can  exist.  This  is  the  great 
distinction  between  England  and  the  United  States.  In 
England,  according  to  the  laws  of  the  country,  the  British 
Parliament — composed  of  the  king  or  queen,  peers  and 
commoners — is  absolute,  and  knows  of  no  obstacle  to  its 
authority.  It  can  reorganize  itself,  as  several  historical 
facts  prove.  In  the  United  States  this  power  rests  with 
the  people,  assembled  in  convention,  or  in  the  expression 
of  its  will  in  any  other  explicit  manner. 

All  American  law,  therefore,  has  its  origin  from  the 
solemn  act  of  the  Declaration  of  Independence  on  the  4th 
July,  1776,  by  the  American  Congress.  The  people  de 
clared  themselves  free,  independent  and  sovereign  ;  and 
as  by  this  new  and  solemn  declaration  they  gave  them 
selves  a  ruler,  that  supreme  power  exists  both  in  fact  and 
law. 

I  have  already  observed  that  the  existing  Constitution  of 
the  United  States  was  adopted  by  a  convention  in  1788.  It 
has  already  been  several  times  amended,  but  until  it  be 
comes  changed  it  must  govern  ;  and  long  may  it  do  so  ! 
and  protect  us  in  our  rapid  advance  in  civilization  and 
prosperity  !  To  our  Constitution  we  are  indebted  for  all ! 
It  is  the  ark  of  the  Lord,  and  wo  to  him  who  touches  it ! 

Besides  the  general  Constitution,  each  State  has  its 
own  ;  some  older,  others  of  later  date.  There  are  even 
one  or  two  which  existed  previous  to  the  Revolution,  still 


1  16          AMERICA  AND  THE  AMERICANS. 

known  under  the  name  of  charters,  and  considered  to  have 
been  granted  by  the  proprietors  or  by  the  crown. 

When  a  Territory  acquires  a  population  of  40,000  souls, 
a  convention  is  convoked  by  authority  of  an  Act  of  Con 
gress,  and  a  constitution  framed,  which  however  must 
meet  the  approval  of  Congress  before  it  is  admitted  into 
the  Union  as  a  State.  This  is  not  a  difficult  matter  to 
frame,  considering  the  already  numerous  existing  States. 
When  the  people  of  a  State  discover  any  defects  therein, 
they  never  think  of  revolting,  or  creating  riots ;  but  only 
endeavor  to  elect  members  to  the  legislature,  who  will 
consent  to  convoke  a  convention.  The  State  of  Virginia 
presents  a  remarkable  example  of  this.  For  a  long  time 
there  existed  two  opposite  parties,  one  of  which  was  for 
upsetting  the  Constitution.  That  which  they  complained 
of  was  the  fixing  of  an  electoral  quit-rent,  and  the  par 
tition  of  the  representation,  which  gave  all  the  influence 
and  power  to  that  part  of  the  State  the  oldesrinhabited, 
while  the  other  more  recently  settled,  though  by  far  the 
richer  of  the  tAvo,  was  altogether  sacrificed.  They  who 
found  the  old  Constitution  to  their  advantage  defended  it, 
while  the  others  opposed  it.  The  parties  were  nearly 
equal ;  and  for  several  years,  all  the  elections  depended 
on  this  question.  At  last  the  Legislature,  not  wishing  to 
decide  the  question,  ordered  by  law,  that  at  a  future  elec 
tion,  each  should  add  to  his  vote  the  word  convention  or 
non-convention,  and  that  then  the  majority  should  decide. 
The  result  was,  that  the  modern  part  succeeded  by  a  small 
majority.  The  convention  was  convoked,  and  never  per 
haps  was  there  an  assembly  more  remarkable  for  its  talents, 
virtues  and  experience.  All  the  most  distinguished  men 
of  the  State  were  elected,  for  all  are  eligible  to  a  conven 
tion,  whatever  place  they  may  fill  elsewhere.  Thus  the 
members  of  Congress,  the  old  presidents,  judges  of  the 
various  States  of  the  Union,  as  of  the  State  itself,  officers 
of  the  Federal  army  and  navy,  all  persons  ineligible  by 


AMERICA  AND  THE  AMERICANS.          117 

their  position,  were  there  united.  After  a  very  long  and 
stormy  session,  they  adopted  a  constitution,  which  was 
submitted  to  the  suffrages  of  the  people,  and  passing  by  a 
feeble  majority,  that  became  the  fundamental  law  of  the 
State.  This  constitution  extends  the  electoral  right  to 
every  white  man  paying  taxes,  equalizes  the  representa 
tion,  and  completely  changes  the  organization  of  the  tri 
bunals.  Is  not  this  manner  of  proceeding  in  the  re-forma 
tion  of  our  institutions  far  better  than  to  cut  one  another's 
throats  for  years,  and  then  only  end  in  anarchy  or  des 
potism  ? 

The  Constitution  of  the  United  States  is  above  that  of 
the  States,  so  that  if  any  of  the  latter  contain  provisions 
contrary  to  the  former  they  would  be  devoid  of  all  law 
and  right.  If  for  example,  a  State  convention  adopted 
an  hereditary  magistracy,  or  titles  of  nobility,  that  article 
or  decree  would  be  considered  as  void,  and  the  courts 
of  justice  would  refuse  the  party  all  claims  under  it.  The 
Constitution  is  therefore  respectively  for  the  United  States, 
as  well  as  each  separate  State,  the  highest  law,  and  against 
it  no  power  can  prevail  or  legislate. 

Treaties  with  foreign  powers  are  that  kind  of  law  hold 
ing  a  secondary  rank  in  point  of  dignity.  Next  to  the 
Constitution,  they  form  the  supreme  law  of  the  country, 
so  that  every  law  may  be  amended  or  abrogated  by  a  trea 
ty.  This  provision  is  very  remarkable,  in  that  the  trea 
ties  are  negotiated  by  the  executive  power  alone,  and  are 
ratified  by  the  President  and  Senate  only  ;  so  that  the  Con 
stitution  would  appear  to  give  these  two  powers  the  faculty 
of  destroying  acts  in  which  the  Chamber  of  Representatives 
had  also  concurred.  This  is  however  a  wise  provision. 
For  if  it  becomes  necessary  to  make  a  treaty  in  order  to 
modify  a  law,  it  is  well  to  simplify  as  much  as  possible  the 
means  of  doing  so.  Besides,  as  all  laws  relating  to  finance 
must  first  be  laid  before  the  Chamber  of  Representatives, 
it  results  that  every  treaty  exerting  an  influence  on  the 


118          AMERICA  AND  THE  AMERICANS. 

finances  of  the  State,  or  which  would  be  attended  with 
expense  in  its  execution,  can  only  be  so  decreed  by  an 
act  of  the  three  powers,  and  be  first  laid  before  the  Chamber 
of  Representatives.  Hence  a  compromise  is  always  estab 
lished  between  the  two  Chambers,  while  the  Senate  only 
ratifies  after  it  has  been  wrell  ascertained  that  the  Repre 
sentatives  will  vote  the  necessary  funds.  This  question  is 
still  rather  obscure,  and  like  many  others  can  only  be  clear 
ed  up  by  judicial  decisions. 

The  third  kind  of  laws  existing  in  the  United  States  are 
the  statutes,  or  written  laws.  These  are  acts  passed  by 
the  Senate  and  Chamber  of  Representatives,  and  approved 
of  by  the  President.  They  are  published  as  soon  as  pass 
ed,  and  at  the  close  of  each  session.  Several  editions 
already  exist  with  notes,  and  references  to  the  decisions 
of  the  tribunals,  explanatory  of  their  full  meaning.  This 
forms  howrever  but  an  inconsiderable  part  of  the  written 
law.  In  political  and  criminal  matters  the  laws  of  the 
United  States  are  in  general  sufficient  in  the  Federal  courts, 
unless  adjusted  after  the  lex  /oci,  which  I  will  hereafter 
explain.  In  civil  matters,  and  in  the  States,  it  is  alto 
gether  different.  At  first,  all  the  written  English  law, 
from  the  commencement  up  to  the  4th  of  July,  1776,  was 
followed  ;  afterwards,  laws  promulgated  by  the  Legislature 
of  the  State  from  the  commencement.  In  some  States, 
such  as  Louisiana,  Missouri  and  Mississippi,  the  French 
and  Spanish  ordinances  had  also  their  share  of  power. 
After  the  Constitution  of  the  United  States,  their  laws  are 
superior  to  those  of  the  States  in  very  rare  cases  wherein 
these  two  powers  can  legislate  on  the  same  matter.  But 
that  which  renders  it  more  complicated  is,  that  a  statute 
can  never  be  taken  in  an  isolated  sense,  but  must  form  a 
part  and  become  the  complement  of  all  the  statutes  in  pare 
materia.  Hence  a  law  which  passed  yesterday,  abrogating 
a  law  passed  twenty  years  previously,  may  again  unknow 
ingly  put  in  full  force  a  law  passed  a  hundred  years  ago, 


AMERICA  AND  THE  AMERICANS.  119 

and  which  is  found  to  be  annulled  by  a  clause  in  the  law 
of  twenty  years'  existence.  With  these  contradictory  dis 
positions,  the  last  law  has  always  the  advantage,  unless 
the  sense  be  of  an  obscure  character,  in  which  case  it  must 
be  explained  by  means  of  all  which  has  been  previously 
legislated  upon  a  similar  matter,  and  above  all  by  the  de 
cisions  of  the  tribunals.  There  exist,  however,  general 
explanatory  rules  :  as  for  example — every  penal  statute 
must  be  construed  in  favor  of  the  party  arraigned ;  every 
fiscal  statute  in  favor  of  the  State  ;  every  civil  statute  in 
the  most  equitable  manner :  but  in  all  instances  where  the 
case  is  clear,  the  statute  must  be  acted  upon  to  the  letter ; 
the  maxim  being  sic  lex  scripta  est. 

We  now  arrive  at  the  fourth  kind  of  law  ;  that  which 
in  fact  embraces,  vivifies  and  harmonizes  all  the  others- — 
I  allude  to  the  common  or  customary  law.  How  shall  I 
define  it  ?  A  u  gigantic  incubus,"  which  has  existed  from 
remote  ages  to  the  present  day  ;  an  invisible  being  envel 
oping  us  as  the  air  we  breathe  ;  it  is  one,  though  constantly 
changing.  A  mysterious  sibyl,  always  having  a  satisfac 
tory  answer  to  whoever  consults  it ;  but  like  a  mild  divi 
nity  permitting  her  pontiffs  to  conciliate  as  they  best  can 
her  contradictory  oracles,  and  change  her  will  according 
to  their  last  decision.  Her  power  covers,  explains  and 
modifies  all,  from  the  constitution  to  the  gospel,  thereby 
subduing  people,  kings  and  pontiffs,  nobles  and  plebeians, 
slaves  and  masters — all  of  whom  are  equal  in  the  law.  If, 
however,  her  power  be  irresistible,  she  is  not  tyrannic  ;  she 
is  ever  ready  to  listen  to  reason,  to  profit  thereby,  and 
regulate  all  for  the  best. 

How  can  I  otherwise  explain  the  existence  of  that  law, 
whose  origin  is  derived  (if  we  are  to  believe  legal  authors) 
from  the  customs  of  the  ancient  Britons,  modified  by  the 
laws  and  usages  of  the  Anglo-Saxons,  which,  under  the 
Normans,  partook  of  feudal  doctrine,  following  gradually 
the  steps  of  the  progress  of  intellect,  and  which  was  at  all 


120          AMERICA  AND  THE  AMERICANS. 

times  the  real  expression  of  the  wants  of  a  nation  ?  It 
changes  every  day  in  every  State.  Sir  William  Blackstone 
in  his  learned  commentaries  has  taken  it,  as  it  were,  on 
the  wing,  of  which  he  has  afforded  a  portrait  and  an  exact 
resemblance  both  of  the  age  and  of  England.  We  can 
still  trace  that  resemblance,  though  the  law  has  been  much 
changed  and  ameliorated  since.  Blackstone,  however,  is 
always  an  authority.  His  work  consists  of  general  maxims, 
surcharged  with  divisions,  distinctions,  and  decisions,  which 
are  yet  explained,  to  avoid  error.  Lord  Coke,  in  his 
work,  tells  you  very  gravely,  that  "  common  sense  is 
part  and  parcel  of  the  common  law  of  England,'"*  while 
a  little  further  on  he  adds,  "  that  the  Christian  religion, 
as  she  was  understood  in  the  Anglican  Church  of  the 
period,  is  also  a  portion  of  the  same  custom."  He  then 
goes  on  to  state  that  the  common  law  has  existed  from  time 
immemorial.  He  then  explains  that  the  common  sense  of 
which  he  speaks  is  not  that  of  all  the  world,  but  a  legal 
common  sense,  whose  origin  may  probably  be  traced  in  the 
interior  of  the  wig-warn  by  the  judges  of  the  age. 

I  will  not  enter  into  an  explanation  of  the  apparent 
absurdities  of  the  common  law.  I  could  fill  volumes 
thereon.  It  would,  however,  be  but  a  slight  speck  on  the 
beauty  of  the  institutions  she  has  created.  Do  these 
absurdities  now  exist  ?  In  England,  perhaps  so,  if  we 
are  to  believe  Lord  Brougham  and  Jeremy  Bentham 
(a  man  of  system,  but  much  too  prejudiced  to  be  taken  for 
an  authority).  In  America,  I  may  affirm  that  they  have 
almost  all  disappeared.  In  England,  a  party  exists  who 
still  cling  to  the  tenets  and  errors  of  former  times  ;  and 
possibly,  what  with  their  wigs  and  court  robes,  they  may 
yet  retain  their  jury  of  venire  inspiciendo,  the  wager  of 
battle  and  wager  of  law,  in  full  force.*  In  America,  where 

*  This  is  a  mere  quiz  of  Murat's.  I  remember  a  circumstance 
which  occurred  previously  to  my  leaving  England,  about  five  years 
ago.  The  case  was  an  action  for  breach  of  promise,  &c.  A  gen- 


AMERICA  AND  THE  AMERICANS.          121 

the  past  forms  no  part,  where  the  whole  nation  at  once 
sprung  up,  and  is  advancing  to  future  glory  and  enlightened, 
prosperity,  they  have  all  disappeared  with  practice,  and  we 
may  emphatically  and  with  truth  say,  that  common  sense 
forms  the  greater  part  of  the  common  law  of  America. 

Common  law  exists  in  every  constitution,  in  every 
written  and  even  tribunal  law,  for  it  is  that  which  regulates 
the  mode  of  proceeding  in  thfe  chambers  of  the  legislature, 
and  even  in  the  conventions.  It  is  that  which  regulates 
the  manner  of  framing  statutes,  and  no  sooner  is  a  tribunal 
created,  than  she  immediately  invests  it  with  all  the  neces 
sary  powers  for  its  preservation,  which  regulate  the  mode 
of  proceeding,  and  fix  the  extent  of  its  jurisdiction  and  the 
respective  functions  of  its  different  officers.  True  it  is, 
that  now  and  then  a  statute  is  rashly  framed,  but  the 
grand  whole  absorbs  it,  harmonizes  it,  coordains  it  with 
the  mass  of  the  legislation  ;  comments  on  it,  and  thorough- 

tleman  (or  rather  a  scoundrel)  residing  in  Wales  fell  in  love  with 
and  won  the  affections  of  a  respectable  farmer's  daughter. 
There  exists  or  rather  existed  an  obsolete  law  to  the  effect  that 
the  parties  might  live  together  for  a  fortnight,  in  order  to  allow 
both  a  trial  of  temper,  &c.,  at  the  expiration  of  which  period,  if 
the  parties  still  retain  the  same  degree  of  love  and  affection,  they 
are  married,  but  if  on  the  contrary  love's  caloric  evaporates  or 
they  perceive  an  incompatibility  of  temper,  they  may  then  sepa 
rate,  and  the  engagement  is  declared  "  null  and  void."  In  the 
present  case,  the  latter  alternate  occurred,  and  the  heartless  fel 
low  (probably  from  having  previously  heard  of  some  legend  of  this 
nature  during  his  sojourn  in  Wales,  took  advantage  of  this.  The 
case  was  tried,  and  the  man  would  have  been  in  justice  and  equity 
condemned  to  damages  and  infamy  ;  but  at  the  moment  all  appear 
ed  against  him,  his  counsel  found  the  obsolete  law,  quoted  its 
authority,  and  the  defendant  was  acquitted,  to  the  heartfelt 
regret  of  all  present,  and  none  more  so  than  the  judge  himself, 
who  was  totally  unaware  such  a  law  existed,  as  no  case  of  that 
nature  had  occurred  for  at  least  a  century.  It  is  unnecessary  to 
add,  however,  that  on  a  proper  representation  of  the  case,  this 
infamous  and  libertine  law  was  repealed  immediately  by  act  of 
Parliament. — TRANS. 

6 


122          AMERICA  AND  THE  AMERICANS. 

ly  explains  it,  until  it  is  only  known  by  the  decisions  to 
which  it  gives  rise.  Is  there  among  a  hundred  English 
lawyers,  or  a  thousand  American,  one  who  has  read  the 
famous  statutes  of  Donis  (which  regulate  the  possession 
of  mort-main  property  and  feudal  tenures),  wherein  the 
statute  of  frauds  regulates  the  reciprocal  guaranties  in 
movable  materials  ?  They  are,  however,  cited  daily,  or 
rather,  the  incrustations  of  judicial  decisions  by  which  they 
are  covered  are  cited. 

But  you  may  ask,  where  find,  or  where  study  your 
common  lawl  At  first,  in  elementary  books,  that  is  to 
say,  in  the  numerous  public  treatises  on  the  law  in  general, 
or  its  different  parts,  by  eminent  magistrates,  who  are  par 
ticular  in  citing  the  decisions  of  the  court  on  which  they 
place  reliance.  Every  day  brings  forth  new  editions, 
with  explanatory  notes  of  changes  in  the  law  since  the 
period  of  their  publication — hence,  the  last  edition  is 
always  the  best.  In  the  next  place,  study  the  reports  of 
the  decisions  of  the  superior  tribunals,  for  each  supreme 
.court  pays  a  reporter,  whose  duty  consists  in  publishing 
its  decisions,  with  the  motives  which  led  to  it,  as  also  a 
succinct  account  of  the  cause.  As  this  class  of  reports 
multiply  considerably,  as  much  in  England  as  in  the  United 
States,  digests  have  been  compiled  in  alphabetical  order, 
relative  to  all  these  decisions,  which  either  refer  you  to  a 
more  important  cause,  or  fully  explain  it,  and  save  con 
siderably  the  trouble  of  research. 

When  a  doubtful  question  of  right  comes  before  an  in 
ferior  court,  that  court  decides  it  after  the  decisions  of  the 
court  of  appeal,  on  which  it  depends,  if  that  court  has 
already  decided.  In  the  contrary  case,  the  court  hears  the 
decisions  of  the  English  tribunals,  those  of  the  United 
States,  or  of  the  other  States,  and  the  opinions  of  eminent 
jurisconsuls,  merely  as  tokens — giving  them  more  or  less 
authority,  according  to  the  reputation  of  the  judges  from 
whom  they  emanated.  The  court  then  decides,  the  judge 


AMERICA    AND   THE    AMERICANS.  123 

charged  to  deliver  its  opinion  giving  it  in  writing  at  fall 
length,  and  replying  to  the  arguments  raised,  and  the  reasons 
given  by  the  counsel  on  both  sides.  This  opinion,  which 
remains  on  the  rolls,  becomes  the  law  of  that  tribunal,  un 
til  it  shall  have  been  reversed  by  a  superior  court.  Either 
party  believing  himself  wronged  by  the  decision  can  ap 
peal  to  any  other  authority  having  the  power  of  deciding ; 
and  it  is  only  when  the  Supreme  Court  of  the  United 
States  or  that  particular  State  has  decided,  that  the  law  has 
definitely  settled  the  matter.  Again,  as  it  has  rarely  hap 
pened  that  two  cases  were  alike,  it  is  always  easy  for  a 
superior  court  to  discover  some  circumstance  sufficiently 
strong  to  destroy  the  apparent  analogy,  and  thereby  admit 
of  its  reversing  the  prior  decision.  This  is  what  we  of  the 
profession  facetiously  call  in  joke,  splitting  a  hair  in  four — 
and  which,  by  the  bye,  is  by  no  means  one  of  the  least  agree 
able  occupations  in  the  profession. 

It  is  therefore  in  the  courts  especially,  that  a  knowledge 
of  the  law  is  acquired  ;  the  judges  are  its  professors — their 
opinions,  valuable  lessons,  as  the  pleadings  of  the  advo 
cates  are  real  theses.  This  is  so  true,  that  in  England 
there  is  no  class  in  common  law  :*  those  who  are  des 
tined  to  the  bar  being  allowed  to  study  in  the  practicing 
barristers'  chambers — accompanying  them  to  the  tribunals, 
and  living  in  common,  subject  to  a  university  discipline,  in 
buildings  approximate  to  the  Inns  of  Court,  in  which  they 
receive  no  other  instruction  but  from  the  lips  of  the  judges, 
the  true  source  and  fountain  of  common  law. 

In  order  to  understand  the  nature   of  the  different  tri- 

*  It  is  true  that,  in  1738,  Sir  Wm.  Blackstone  was  appointed 
professor  of  a  class  of  Common  Law,  founded  at  the  University  of 
Oxford  by  a  Mr.  Viner.  It  is  to  this  we  are  indebted  for  his  valu 
able  and  excellent  Commentaries  ;  but  after  him,  the  chair  of  Com  • 
mon  Law  became  a  complete  sinecure.  To  a  young  man  who  is 
destined  for  the  bar,  and  who  cannot  obtain  a  sufficient  legal  know 
ledge  at  the  University,  and  people  of  the  world  in  general,  the 
reading  of  Blackstone  is  more  than  sufficient. 


124          AMERICA  AND  THE  AMERICANS. 

bunals  of  the  United  States,  we  must  examine  them  in 
different  points  of  view,  up  to  their  origin.  The  courts 
have  been  created  either  by  the  Constitution  or  by  a  law 
emanating  from  some  constituted  authority,  or  they  have 
existed  from  time  immemorial,  anterior  to  both. 

The  courts  of  first  instance  form  the  key-stone  of  the 
social  vault,  as  it  were — they  are  as  ancient  as  the  Con 
stitution — form  one  of  the  coordinate  powers  of  the  State, 
and  are  above  all  the  laws  of  the  legislature.  The 
Supreme  Court  of  the  United  States  comes  under  this  de 
nomination.  Its  composition  and  jurisdiction,  being  fixed 
by  the  Constitution,  cannot  be  changed  ;  and  oh  more  than 
one  occasion,  when  Congress  thought  proper  by  law  to 
grant  it  additional  functions,  the  Court  declared  itself  in 
competent,  and  considered  the  law  as  null,  and  of  no 
effect. 

Courts  of  this  description  exist  in  almost  all  the  States. 
In  general,  the  Constitution,  after  having  established  a 
Supreme  Court,  leaves  it  to  the  legislature  to  establish 
inferior  tribunals,  to  distribute  and  modify  them  according 
to  the  interest  of  the  moment.  This  is  necessary  in  a 
country  where  the  march  of  civilization  is  so  rapid.  The 
law  creating  these  courts,  which  are  called  statutory 
courts,  is  the  condition  of  their  existence,  and  regulates 
all  that  has  reference  to  them.  It  is  for  them  to  explain 
and  apply  this  law,  subject  to  the  hierarchical  sanction  of 
the  Supreme  Court.  All  the  courts  of  the  United  States, 
except  the  Supreme  Court,  are  of  this  kind,  which  in 
cludes  almost  all  the  State  tribunals. 

Courts  martial,  military  and  naval,  chancery  and  equi 
ty,  as  well  as  the  corporation,  are  also  included.  Courts 
martial  derive  their  origin  from  the  regulations  which 
govern  the  army  and  navy,  and  correspond  with  councils 
of  war.  Equity  courts  do  not  exist  in  all  the  States.  In 
some  they  are  organized  by  the  Constitution,  in  others, 
their  powers  are  entrusted  to  the  ordinary  judges.  The 


AMERICA  AND  THE  AMERICANS.          125 

courts  of  corporation  are  granted  to  large  towns  by  the 
Legislature,  and  are  charged  with  the  correctional  police 
in  the  interior  of  the  city,  and  regulate  petty  civil  pro 
cesses  not  exceeding  a  certain  sum,  varying  in  each  par 
ticular  case.  All  these  courts  may  be  annulled,  modified, 
and  re-modeled  by  the  fiat  of  the  Legislature. 

The  courts  existing-  from  time  immemorial,  and  known 

O  ' 

under  the  appellation  of  common  law  courts,  are  those 
in  which  justice  is  administered  in  England  ;  the  origin  of 
the  Kincfs  bench  is  lost  in  the  remoteness  of  time.  If  I 
mistake  not,  the  court  of  common  pleas  held  at  Phila 
delphia  has  existed  since  the  colonization  of  the  country, 
without  having  ever  been  created  by  law.  It  is,  perhaps, 
the  only  court  of  record  of  a  like  nature  in  the  United 
States.  All  justices  of  the  peace  are  in  the  like  case.  It 
is  the  first  step  of  legal  hierarchy.  Their  existence  is  an 
terior  to  all  constitution  and  law  ;  their  functions,  civil  as 
well  as  criminal,  as  also  their  jurisdiction,  are  fixed  by  the 
common  law.  They  are  the  same  in  England  as  in  the 
United  States.  It  is  true  that  their  political  and  adminis 
trative  functions  vary,  as  also  the  mode  of  their  nomina 
tion,  and  the  sums  to  which  their  civil  jurisdiction 
extends.  These  different  objects  are  fixed  by  the  consti 
tution  or  laws  of  each  State.  All  justices  of  the  peace  in 
the  States  have  the  same  jurisdiction  throughout  the 
Union,  and  exercise  their  functions  in  the  Federal  courts, 
and  are  the  only  magistrates  enjoying  this  twofold  ca 
pacity. 

Another  manner  of  viewing  the  different  courts  is,  in 
their  dignity.  They  are  divided  into  courts  of  record  and 
non-record.  Those  of  the  first  kind  possess  a  register  or 
record,  which  is  supposed  to  contain  a  faithful  report  of 
all  matters  therein  transacted,  or  brought  before  the  court, 
from  its  very  origin.  The  truth  of  the  record  can  never 
in  any  case  be  questioned  or  denied  ;  and  I  have  seen  a 
party  dismissed  the  court,  because,  from  an  error  in  the 


126          AMERICA  AND  THE  AMERICANS. 

name,  it  had  been  marked  as  dead  on  the  record.  It  is 
regarded  as  the  absolute  truth  ;  it  may  be  inspected  on 
paying  the  registrar  ;  and  you  may  have  extracts  there 
from,  under  the  seal  of  the  court,  which  is  valid,  unless 
there  be  an  error  in  the  copying,  or  a  diminution  of  record. 
All  civil  and  criminal  courts  are  courts  of  record,  and  as 
such,  possess,  in  virtue  of  the  common  law,  the  right  to 
punish  every  direct  insult  or  disobedience  of  their  orders  or 
decrees,  by  fine  or  imprisonment.  Hence,  as  soon  as  a 
court  is  established  by  law  or  constitution,  and  a  registrar 
appointed,  it  has  also  a  well-defined  powrer  granted  by  the 
common  law.  Courts  martial,  justices  of  the.  peace,  and 
some  corporation  courts,  are  not  considered  as  courts  of 
record.  All  is  therein  understood  to  be  conducted  in  an 
oral  manner,  and  they  keep  no  register  of  their  trans 
actions.  It  is  however  true,  that  in  some  of  the  States, 
justices  of  the  peace  are  authorized  to  keep  certain  regis 
ters,  but  they  are  not  looked  upon  with  that  stamp  of 
truthfulness  or  authority  of  records,  and  are  considered 
merely  in  the  light  of  memoranda. 

We  will  now  come  to  the  jurisdiction  of  the  different 
courts,  in  which  there  exist  important  distinctions  ;  and  I 
will  endeavor  to  elucidate,  as  clearly  as  possible,  the  dif 
ference  existing  between  the  Federal  courts  and  those  of 
the  States — at  the  same  time  showing,  that  in  explaining 
the  jurisdiction  of  the  former,  I  also  demonstrate  those  of 
the  latter,  which,  by  the  Constitution  of  the  United  States 
possess  entire  jurisdiction  over  every  thing  not  included  in 
the  Federal.  We  will  first  consider  the  civil  and  criminal 
jurisdiction  of  equity  and  admiralty  of  the  Federal  tribu 
nals,  according  to  the  place,  person  and  matter,  or  in  legal 
terms — -jurisdiction  in  loco,  in  persona,  in  subject  a  materia. 
I  will  afterwards  analyze  the  Federal  system  of  the  United 
States,  and  demonstrate  how  many  courts  it  is  composed 
of,  and  their  original  or  appellate  jurisdiction. 

The  civil  jurisdiction  in  loco  of  the  Federal  courts  ex- 


AMERICA  AND  THE  AMERICANS.  127 

tends  over  the  District  of  Columbia,  in  which  Washington 
is  situated,  on  lands  where  this  jurisdiction  has  been  ceded 
to  the  United  States,  by  a  special  act  of  the  State,  and 
over  all  the  immense  territory  belonging  to  the  Union,  and 
comprised  beyond  the  limits  of  the  States.  In  all  these 
cases  the  courts  follow  the  lex  loci  or  local  jurisprudence. 
There  is  some  uncertainty  in  ascertaining  whether  the 
jurisdiction  of  the  Federal  courts  also  extends,  and  to 
what  point,  over  the  territory  of  the  Indians,  compre 
hended  within  the  limits  of  the  States. 

Their  civil  jurisdiction  in  persona  extends  to  every 
cause  in  which  the  United  States,  one  of  their  officers 
representing  as  such,  or  a  stranger,  are  parties, — to  causes 
between  two  strangers,  or  citizens  of  different  States,  and 
lastly  between  one  State,  and  the  citizen  of  another.  In 
these  cases  the  courts  are  obliged  to  conform  themselves 
to  local  jurisprudence. 

Their  civil  jurisprudence  in  subject  a  materia  embraces 
all  cases  to  which  the  Constitution  of  the  United  States, 
treaties  with  foreign  powers,  or  the  laws  of  the  United 
States,  give  rise,  when  the  courts  judge  in  conformity  with 
their  constitution  and  laws.  All  suits  of  the  United 
States  Bank,  for  instance,  are  taken  before  these  tribunals, 
because  it  is  a  Federal  institution,  owing  its  existence  to  an 
act  of  Congress.  All  litigation  with  the  administration  of 
the  States  and  their  exchequer  is  equally  referred  to  these 
courts. 

In  the  United  States,  as  in  England,  criminal  jurisdiction 
is  intrusted  to  the  same  tribunals.  There  exist  no  distinct 
civil  and  criminal  court.  Louisiana  is  the  only  State  in 
which  this  distinction  prevails,  and  where  a  tribunal  ex 
ists  whose  jurisdiction  is  purely  criminal.  All  the  other 
courts,  as  well  of  the  State  as  Federal,  during  sessions,  ad 
judicate  criminal  and  civil  causes  indiscriminately.  In  or 
der  that  the  criminal  jurisdiction  of  the  courts  of  the  United 
States  be  held  in  toco,  the  crime  must  have  been  committed 


128          AMERICA  AND  THE  AMERICANS. 

either  in  the  District  of  Columbia,  or  in  localities  to  which 
this  jurisdiction  has  been  ceded  by  a  State — as  is  the  case 
in  the  forts,  arsenals  and  dock-yards  of  the  Union — or  be 
yond  the  limits  of  the  States,  or  in  open  sea.  In  all  these 
cases,  with  the  exception  of  the  last,  the  court  awards  the 
penalty  fixed  by  the  local  laws  ;  while  in  the  latter,  the 
laws  of  the  United  States  decide. 

The  quality  of  ambassador,  or  foreign  consul,  can  alone 
give  to  the  Federal  courts  criminal  jurisdiction  in  persona  ; 
and  then  they  invariably  adjudicate  according  to  the  local 
law. 

Every  criminal  action,  or  one  punished  as  such  by  the 
Constitution,  treaties,  or  laws  of  the  United  States,  gives 
criminal  jurisdiction  to  their  courts  in  subjecta  maleria. 
Thus,  rebellion  against  the  United  States,  the  fabrication 
of  false  coin,  an  attack  on  the  security  of  the  postoffice,  &c., 
are  crimes  which  come  under  the  authority  of  the  Federal 
courts,  and  are  conducted  according  to  the  laws  of  the 
United  States.  It  must  be  borne  in  mind,  however,  that 
the  courts  of  the  United  States,  being  created  by  a  law, 
have  only  jurisdiction  in  cases  to  which  that  law  applies, 
and  that  since  every  penal  statute  should  be  construed  in 
favor  of  the  accused,  unless  indeed  the  crime  be  clearly 
denned  by  the  laws,  whatever  be  the  attempt  against  the 
peace  and  dignity  of  the  United  States  (as  it  is  technically 
called),  it  cannot  be  punished.  The  case  would  be  differ 
ent  where  the  power  is  derived  from  the  common  lawr  be 
cause  it  provides  for  every  emergency. 

Before  entering  upon  cases  in  which  the  Federal  courts 
exercise  a  jurisdiction  in  equity  or  chancery,  I  must  first 
explain  its  meaning.  On  the  revival  of  letters,  the  priests 
were  almost  the  only  men  who  cultivated  them  ;  for  a  long 
period  the  church  alone  availed  itself  of  the  discovery  of 
the  Pandects ,  which  she  incorporated  with  canon  law. 
At  the  end  of  some  centuries,  this  right  or  law  became  more 
or  less  the  law  of  Europe,  with  the  exception  of  England, 


AMERICA  AND  THE  AMERICANS.          129 

0 

where  the  feudal  power  of  the  barons,  and  the  turbulent 
spirit  of  the  commons,  constantly  opposed  its  introduction. 
This  gave  rise  to  a  continual  opposition  or  collision  be 
tween  the  civil  and  criminal  tribunals,  in  which  the  common 
law  prevailed,  while  the  ecclesiastical  courts  pronounced 
judgment  after  the  canon  law.  This  ecclesiastical  jurisdiction 
still  exists  in  England,  in  all  cases  of  divorce,  the  proving 
of  wills,  &c.  ;  but  in  the  United  States,  the  like  cases  are 
referred  to  the  ordinary  tribunals,  except  in  South  Caro 
lina  and,  perhaps,  one  or  two  other  States,  which  have 
their  own  peculiar  lay  courts  clothed  with  this  jurisdiction. 
The  lay  tribunals,  however,  successfully  resisted,  the  en 
croachments  of  the  ecclesiastical  judges  in  England,  and 
gradually  confined  their  jurisdiction  within  proper  bounds. 
But  in  those  remote  ages,  the  Chancellors  of  England  were 
always  Bishops,  exercising  at  the  same  time  the  functions 
of  almoners,  and  keepers  of  the  king^s  conscience  (titles 
which  they  preserve  to  this  day),  arrogating  to  themselves 
a  discretionary  power  which  has  descended  to  their  lay 
successors,  in  all  cases  in  which  the  ordinary  laws  afford 
no  remedy.  They  were  supposed  to  dispense  justice,  not 
according  to  fixed  laws,  but  according  to  their  conscience, 
and  natural  equity.  Hence,  the  opposition  always  prevail 
ing  in  England  between  law  and  equity.  'It  often  happens 
that  the  law,  following  anterior  decisions,  and  certain  tardy 
forms,  affords  no  real  justice  to  parties,  or  decides  unjustly. 
In  all  these  cases,  the  Chancellor  is  appealed  to  ;  and  in  him 
rests  the  decision.  By  special  or  particular  writs  there 
fore,  he  has  the  power  to  suspend  all  proceedings  in  the 
courts  of  law,  and  even  the  execution  of  their  judgments. 
He  can,  however,  exercise  no  jurisdiction  over  a  bona  fide 
question  of  fact ;  but  which,  where  the  case  presents  itself, 
he  must  send  before  a  court  of  law  and  jury,  which  reports 
its  verdict  to  him,  and  which  decision  he  afterwards  con 
firms.  This  Chancellor  alone  decides  without  a  jury,  on 
written  depositions,  taken  before  a  commission.  His 
6* 


130          AMERICA  AND  THE  AMERICANS. 

% 

power  is  viewed  as  wholly  discretionary  ;  but  as  the  de 
cisions  of  his  predecessors  are  registered  on  record,  he  is 
obliged  to  conform  thereto,  as  well  as  the  established  forms 
of  the  courts.  He  pronounces  no  judgment,  but  gives  his 
orders  or  injunctions,  while  all  contraventions  or  opposition 
thereto  are  considered  as  contempts  of  court,  and  punished 
by  fines  and  imprisonment  until  the  offending  refractory 
party  shall  have  apologized  to  the  court,  and  obeyed  its 
authority.  The  court  of  chancery  is  supposed  to  be  al 
ways  open,  night  and  day,  while  the  law  courts  are  only 
open  at  stated  periods  of  the  year.  If,  for  example,  while 
1  bring  an  action  against  any  one  before  a  law  court,  the 
party  should  wish  to  evade  the  jurisdiction  of  that  court  by 
quitting  the  country,  on  my  petitioning  the  chancellor,  he 
issues  a  writ  of  ne  exeat,  by  which  the  defendant  is,  at  his 
peril,  forbid  to  leave  until  he  shall  have  proved,  in  contra 
diction  to  myself,  that  my  interests  would  not  suffer  there 
by  ;  or  until  he  shall  have  given  bail  either  to  return 
when  called  upon,  or  for  the  payment  of  the  debt  in  case 
of  his  being  condemned.  If  a  dispute  should  arise  in  re 
ference  to  an  immovable  or  real  estate,  and  the  party 
in  possession  pulls  down  the  houses,  fells  trees,  or  in  any 
other  manner  damages  it,  the  chancellor  grants  an  injunction 
to  stay  waste  ;  as  also  by  an  injunction  to  stay  proceedings, 
he  can  forbid  a  party  carrying  on  an  action  before  another 
shall  have  been  decided,  and  even  where  this  is  a  manifest 
fraud,  he  can  forbid  the  further  proceeding  in  an  action  un 
til  the  party  shall  have  received  his  permission  for  its  con 
tinuance  ;  or  suspend  the  execution  of  judgment,  in  order 
to  preserve  the  rights  of  a  third  party.  In  all  cases  con 
cerning  trustees  and  minors,  the  chancellor  interposes,  in 
order  to  see  that  justice  is  done  according  to  the  wishes  of 
the  testator  or  founder  of  a  trust.  He  may  order  the  spe 
cific  execution  of  a  contract,  after  explaining  the  equitable 
right  required  and  due  from  one  party  to  another,  &c. 
The  United  States  have  no  chancellor.  Some  of  the 


AMERICA  AND  THE  AMERICANS.          131 

States  have  :  others  have  courts  of  chancery,  with  several 
degrees  of  appeal :  others  have  none  ;  but  in  this  latter 
case,  the  chancery  powers  are  confided  to  the  ordinary 
judges  ;  so  that,  if  on  the  one  side,  as  law  judges,  they 
take  cognizance  of  an  action,  on  the  other,  as  equity 
judges,  they  can  stop  all  proceedings.  This  is  the  case  in 
the  Federal  courts  :  they  can  enjoin  or  direct  the  State 
courts,  and  those  of  the  United  States  according  to  the 
hierarchy.  From  what  is  here  stated,  it  is  easy  to  per 
ceive  that  the  equitable  jurisdiction  of  the  Federal  courts  is 
co-extensive  with  their  civil  jurisdiction. 

We  now  come  to  the  admiralty  jurisdiction,  which  be 
longs  entirely  to  the  Federal  courts.  They  adjudicate  ac 
cording  to  the  universal  maritime  law,  and  the  United 
States  laws  relative  to  this  subject  ;  their  manner  of  pro 
ceeding  in  all  cases  in  personam  is  that  of  the  common  law, 
that  is  to  say,  with  a  jury,  and  oral  testimony  of  witnesses  ; 
and  in  all  cases  in  rem,  the  forms  of  civil  law,  viz.  :  with 
out  jury,  and  by  written  depositions.  They  are,  however, 
always  obliged  to  conform  to  the  anterior  decisions  of 
courts  superior  to  them  in  the  hierarchy,  so  that  the  mari 
time  and  equity  law  are  thereby  regulated  and  form  a  part 
of  the  common  law. 

No  court  can  take  the  initiative  in  any  thing,  except  in 
case  of  flagrant  insult  offered  to  its  dignity.  The  Federal 
courts  never  know  what  is  passing  in  the  courts  of  the 
States,  unless  one  of  the  parties  put  them  in  possession  of 
the  facts  of  the  case.  There  are,  however,  many  cases  in 
which  the  jurisdiction  of  the  Federal  and  the  courts  of  the 
States  are  opposed  to  each  other;  for  example,  the  civil 
jurisdiction  in  persona,  for  this  is  a  privilege  which  the 
Constitution  wished  to  accord  to  a  stranger,  that  of  plead 
ing  before  the  Federal  courts,  and  which  he  may  renounce, 
in  carrying  his  action  before  a  State  court,  or  in  not  object 
ing  to  it  as  incompetent.  The  State  court  is  not  obliged 
to  look  upon  him  as  a  stranger,  and  when  once  it  has  taken 
a  cause  in  hand,  it  is  too  late  to  oppose  its  proceeding. 


132          AMERICA  AND  THE  AMERICANS. 

All  the  territory  of  the  United  States  comprised  within 
the  States  is  divided  into  judicial  districts,  in  each  of  which 
a  district  court  exists.  During  the  year,  several  terms  are 
held  in  different  towns  of  the  district,  following  particular 
laws,  which  are  altered  according  to  the  wants  of  the 
population  ;  it  is,  moreover,  always  open  as  a  court  of  chan 
cery  and  admiralty.  Before  these  courts,  every  case  must 
in  the  first  instance  be  brought,  and  there  is  but  one  judge 
to  a  district. 

Several  of  these  districts  united  form  a  circuit,  which  has 
a  circuit  court,  composed  of  judges  of  districts,  and  presided 
over  by  a  circuit  judge.  This  court  is  held  in  the  dif 
ferent  towns  of  its  resort ;  and  its  jurisdiction  is  limited  to 
the  hearing  of  appeals  from  the  district  courts,  which  it 
definitely  decides,  provided  the  amount  in  litigation  does 
not  exceed  5000  dollars.  Like  the  other  courts,  it  is  un 
derstood  to  be  always  open  to  litigants  in  chancery  and 
admiralty  before  the  circuit  judge. 

The  seven  circuit  judges  ultimately  meet  at  Washington 
annually  on  the  first  Monday  in  January,  and  there  consti 
tute  the  Supreme  Court  of  the  United  States,  which  is  the 
highest  tribunal  in  the  country.  It  is  presided  over  by  one 
of  the  circuit  judges,  holding  the  title  of  Chief  Justice. 
This  post  has  been  filled  by  the  venerable  John  Marshall, 
one  of  the  most  profound  jurisconsuls,  as  also  one  of  the 
most  upright  and  most  enlightened  men  I  have  ever 
known.  To  him  and  his  exalted  virtues  may  be  attributed 
the  great  respect  which  this  tribunal  commands.  Its 
power  is  immense,  for  it  is  the  last  appealed  to  for  the  de 
cision  of  all  doubtful  points  of  the  Constitution,  and 
which  refuses  to  execute  the  laws  of  Congress  and  the 
States,  when  they  are  contrary  to  its  tenets.  It  has  ever 
merited  the  confidence  reposed  in  it  ;  and  I  look  upon  it 
as  the  first  power  in  the  United  States,  and  as  one  which 
will  preserve  the  harmony  of  all  the  others  so  long  as  the 
Constitution  remains  unchanged.  Its  jurisdiction  is  purely 


AMERICA  AND  THE  AMERICANS.  133 

appellative,  except  in  criminal  cases  against  foreign  minis 
ters  or  consuls,  in  which  it  possesses  an  original  jurisdic 
tion. 

The  District  of  Columbia  and  territories  beyond  the 
limits  of  the  States  have  particular  provisional  courts,  un 
til  such  times  as  they  become  States.  The  definitive  ap 
peal,  therefore,  is  always  carried  before  the  Supreme 
Court  of  the  United  States. 

In  all  the  States,  except  that  of  Georgia,  a  system 
nearly  similar  is  pursued,  the  number  of  degrees  of  juris 
diction  varying  from  two  to  three ;  there  is,  however, 
everywhere  one  or  two  supreme  courts,  where  there  ex 
ist  separate  courts  of  equity  :  everywhere  the  inferior 
courts  hold  their  sittings  in  different  places  several  times 
a  year,  so  that  justice  is  as  it  were  brought  to  the  very 
doors  of  the  parties.  Each  State  has,  therefore,  a  legal 
unity  or  tribunal  which  develops  the  oracles  of  the  com 
mon  law  of  that  State,  and  which  explains  the  laws  of  its 
Legislature.  The  State  of  Georgia  possesses  no  less  than 
eight  !  being  the  number  of  districts  into  which  the  State 
is  divided  ;  in  each  of  which  there  is  a  judge  elected  every 
three  years  by  the  people,  and  who  holds  at  different  terms, 
in  different  parts  of  his  district,  two  kinds  of  courts,  viz.  : 
inferior  and  superior  :  the  first  is  a  court  of  first  instance  ; 
the  second  a  court  of  appeal,  in  which  he  is  assisted  by  a 
special  jury — so  that  the  appeal  in  a  cause  is  made  before 
the  same  judge,  who  is  also  invested  with  the  powers  of 
chancery,  and  whose  decisions  in  his  district  are  final,  as 
there  exists  no  supreme  court.  There  are,  therefore,  eight 
common  laws  in  Georgia,  which  change  every  three  years  ! 
It  is  impossible  that  this  absurd  system  can  long  exist  amid 
an  enlightened  nation. 

All  these  courts  of  record,  both  of  the  United  States  as 
well  as  the  States,  are  charged  to  uphold  the  Constitution 
and  see  that  the  laws  are  enforced,  each  in  its  separate 
jurisdiction,  and  to  oppose  every  encroachment.  As  I  have 


134          AMERICA  AND  THE  AMERICANS. 

already  observed,  the  court  can  never  take  the  initiative, 
before  the  complaint  of  the  aggrieved  party  shall  have  been 
entertained  ;  in  which  case  the  laws  and  Constitution  in 
vest  it  with  very  extensive  powers,  according  to  the  com 
mon  law,  in  their  defense.  These  are  writs,  or,  to  use  the 
old  Norman  expression,  briefs  of  habeas  corpus,  mandamus, 
and  quo  warranto. 

By  the  first  of  these  briefs,  the  court  orders  every  per 
son  who  may  have  seized  the  person  of  another,  to  bring 
before  it  on  a  certain  day  and  hour  die  body  of  such  a  one, 
or  explain  the  reasons  which  prevent  it.  This  brief  is 
issued  by  the  clerk  of  the  court  on  the  order  of.  the  judge, 
not  only  on  demand  of  the  parties,  but  immediately  with 
out  delay.  The  party  to  whom  it  is  directed  must  repre 
sent  the  nature  of  the  brief  to  the  judge.  No  authority 
whatever  can  resist  the  execution  of  it.  If,  therefore,  it 
should  happen  that  a  party  is  arbitrarily  detained,  no  mat 
ter  by  what  authority — as  for  instance,  a  young  person 
locked  up  by  the  parents  to  be  forced  into  marriage — a 
soldier  by  his  officer,  in  order  to  compel  him  to  enlist 
again — a  sailor  detained  on  board,  after  the  expiration  of 
his  term  of  service — an  accused  or  criminal  creditor  kept 
in  prison  longer  than  is  authorized  by  law — a  negro  ar 
rested  under  pretense  of  his  being  a  slave — a  religious 
person  detained  in  a  convent,  &c.  In  all  these  cases,  the 
party  aggrieved,  either  through  themselves  or  by  an  official 
defender,  may  demand  this  brief,  and  be  brought  up  before 
the  judge,  who  inquires  into  the  cause  of  arrest  or  detention, 
and  orders  their  immediate  release  if  he  deems  fit. 

The  court,  however,  does  not  decide  upon  the  merits 
of  the  cause  of  arrest  on  this  brief  of  habeas  corpus,  but  only 
as  to  its  legality.  If,  for  instance,  a  writ  of  this  nature  is  ad 
dressed  to  a  jailer,  to  bring  up  the  body  of  a  prisoner  ille 
gally  detained,  and  he  replies  to  the  brief  by  a  copy 
of  the  commitment  showing  that  the  party  is  incarcerated 
by  order  of  a  court,  having  a  competent  jurisdiction,  it  is 


AMERICA  AND  THE  AMERICANS.          135 

sufficient ;  for  the  prisoner  has  other  means  of  having  the 
merits  of  his  arrest  adjudicated,  either  by  an  appeal,  a  writ 
of  error  or  a  bill  of  exceptions  ;  but  if  he  be  detained  by 
order  of  the  executive  power,  a  military  officer,  or  in  any 
other  illegal  manner,  the  court  immediately  orders  his  re 
lease,  and  he  has,  moreover,  his  action  for  damages  and 
interest  against  his  detainer  for  false  imprisonment.  The 
writ  of  mandamus  is  granted  to  every  party  aggrieved  by 
the  refusal  of  a  public  officer,  or  of  a  political  corporation, 
to  fulfil  its  duties.  It  is  in  the  first  place  granted,  under 
an  alternative  form,  to  do  such  a  thing  or  give  the  reason 
for  refusal ;  and  it  is  only  after  having  heard  the  parties, 
that  the  court  renders  the  mandamus  peremptory,  if  it 
deems  fit.  If,  for  example,  a  person  claim  a  right  to  a 
piece  of  land,  in  virtue  of  a  law,  and  the  administration 
of  public  land  refuses  to  grant  it ;  if  a  man  has  been  ap 
pointed  to  office,  and  the  officer  holding  it  refuses  to 
give  up  his  brevet,  put  him  upon  his  oath,  or  acknow 
ledge  him  in  that  quality  ;  if  a  justice  of  the  peace  or  any 
other  inferior  court  refuses  to  exercise  the  function  of  its 
office  in  all  these  cases,  the  brief  compels  them,  unless  they 
can  show  some  lawful  excuse.  This  writ  is  only  put  in 
force  when  no  other  remedy  exists,  and  does  not  apply  to 
judiciary  acts  :  for  a  superior  court  has  the  power  by  man 
damus  in  certain  cases  to  order  an  inferior  court  to  pro 
nounce  a  judgment,  but  not  to  dictate  what  that  judgment 
is  to  be.  It  is  only  in  cases  of  appeals  or  cassation,  that 
it  can  take  cognizance  of  the  decision  pronounced. 

The  third  writ,  that  of  quo  warranto,  is  a  brief  by  which 
the  court  demands  of  some  constituted  authority,  by  what 
right  or  warrant  it  has  arrogated  to  itself  such  or  such  a 
power. 

Upon  this  writ  the  court  fully  investigates  the  matter,  and 
even  in  case  of  a  power  being  usurped,  and  if  the  demand 
of  the  writ  has  been  made  on  criminal  information,  it  passes 
its  sentence  upon  the  guilty  party.  These  three  writs  are 


136          AMERICA  AND  THE  AMERICANS. 

the  safeguards  of  the  liberty  of  the  citizen,  inasmuch  as 
the  first  secures  his  person  against  all  arbitrary  detention  ; 
the  second  gives  a  check  on  the  negligence  of  magistrates, 
and  compels  them  to  execute  the  laws,  while  the  third 
prevents  all  encroachment  of  powrer.  I  cannot  look  upon 
that  as  civil  liberty,  wherein  powers  analagous  to  those 
which  these  writs  give  to  the  courts  do  not  exist.  The 
delay  or  refusal  to  obey  these  writs  is  punished  with  great 
severity,  as  an  insult  to  the  court,  not  by  a  fixed  award, 
but  by  imprisonment  and  fines,  which  are  prolonged  and  re 
peated  until  the  party  obeys.  Powers  so  extensive  are, 
however,  by  no  means  dangerous,  because  the  courts  have 
no  initiative  ;  and  supposing  the  son  or  wife  of  the  judge 
to  be  illegally  arrested,  he  could  not  take  cognizance 
of  it  unless  a  third  party  preferred  his  complaint. 

Nothing  can  be  more  simple  than  the  organization  of  a 
tribunal  in  America.  Those  of  the  United  States  are,  in 
general,  composed  of  a  sole  judge  ;  this  is  also  the  case 
with  almost  all  the  inferior  tribunals  of  the  States.  The 
Supreme  Court  of  the  United  States  is,  if  I  mistake  not,  the 
most  numerous  tribunal  in  the  Union.  The  judges  of  .the 
United  States  are  appointed  by  the  President,  with  the 
advice  and  consent  of  the  Senate,  so  long  as  they  conduct 
themselves  with  propriety,  and  can  only  be  removed  by 
decision  of  the  Senate  sitting  as  a  court  of  impeachment ; 
for  whenever  a  judge  or  other  functionary  of  the  United 
States,  were  he  the  President  himself,  gives  rise  to  wrell 
founded  complaints  in  the  exercise  of  his  functions,  laid  be 
fore  the  House  of  Representatives,  this  chamber  sends 
them  to  the  Senate,  which  gives  a  definitive  decision  thereon 
in  removing  that  functionary.  This  is  the  only  judicial  func 
tion  exercised  by  the  Senate  ;  which  is  not  like  the  House 
of  Peers  in  England,  the  supreme  court  of  justice  of  the 
country. 

In  all  the  States,  excepting  Georgia  where  they  are  eli 
gible  and  change  every  three  years,  the  judges  cannot  be 


AMERICA  AND  THE  AMERICANS.          137 

removed,  unless  they  have  been  tried  either  by  the  Senate 
or  the  two  legislative  chambers  united-  In  the  State  of 
New  York  alone,  every  judge  must  retire  at  the  age  of 
sixty  years— a  circumstance  to  be  lamented,  as  it  deprives 
the  people  of  their  best  and  most  experienced  magistrates. 
They  are  almost  invariably  named  by  the  governor.  In 
some  States,  however,  they  are  elected  by  the  legislature. 
They  are  all  well  paid  (perhaps  not  enough),  and  enjoy 
much  consideration  and  influence. 

Although  the  judge  alone  constitutes  the  court,  he  cannot 
adjudicate  without  the  officers  of  the  court,  viz.  :  the  clerk, 
sheriff  and  advocates.  The  clerk  or  registrar,  is  a  very  im 
portant  personage.  He  is  the  keeper  of  the  record,  and 
issues  all  writs  and  orders  of  the  court.  In  general,  he  is 
nominated  by  the  judges,  or  elected  by  the  people,  and 
paid  by  the  counsel  for  every  act  of  his  office  in  connection 
with  them.  He  administers  all  oaths,  of  which,  in  an 
American  court,  there  is  a  profusion. 

The  sheriff  however  (known  in  the  States  by  the  title 
of  marshal")^  though  his  functions  are  of  a  different  charac 
ter,  is  not  the  less  important.  He  is  the  huissier  or 
bailiff  of  the  courts,  both  civil  and  criminal.  There  is  one 
to  each  county,  and  he  is  the  officer  of  all  the  State  courts 
which  sit  therein  ;  as  also  in  each  district  of  the  United 
States,  there  is  a  marshal  who  executes  the  judgments  of 
the  courts,  and  serves  processes — these  functions  apply 
equally  to  both.  The  marshals  are  appointed  by  the  Presi 
dent,  while  the  sheriffs  are  in  general  elected  by  the  people  of 
the  different  counties — although,  in  some  States,  I  believe 
they  are  appointed  either  by  the  governor  or  the  legislature. 
These  appointments  are  very  lucrative,  though  of  a  very  re 
sponsible  character,  while  the  sheriffs  are  obliged  to  give 
very  high  security.  Although  the  sheriff  seldom  quits  his 
bureau,  and  acts  on  almost  all  occasions  through  his  depu 
ties,  of  which  he  has  an  illimited  number,  it  is  his  personal 
duty  to  make  out  all  summonses,  to  serve  all  writs,  that  is 


138          AMERICA  AND  THE  AMERICANS. 

to  say,  to  communicate  with  the  parties,  or  to  execute  them 
when  addressed  to  him.  He  sells  the  property  of  debtors, 
or  arrests  them  if  they  cannot  otherwise  pay,  and  makes 
over  the  property  in  dispute  to  the  person  in  whose  favor 
the  court  may  have  decided.  He  pursues  and  arrests 
prisoners,  keeps  them  in  custody,  and  executes  them  if 
condemned.  In  fact  the  court  in  all  these  cases  knows  but 
him.  He  is  personally  responsible  to  the  court  for  the 
execution  of  these  WTits,  and  endorses  their  return  or  the 
result  thereof.  For  instance,  on  the  back  of  a  capias  ad 
respondendum  (or  summons  to  appear),  he  indorses  the 
execution  thereof,  naming  the  day  and  giving  the  copy 
thereof  to  the  party  or  to  his  wife,  &c.,  or  inscribes  non  est 
inventus,  if  the  party  cannot  be  found.  The  same  on  a 
writ  of  venditioni  exponas,  he  endorses  :  I  have  sold  such  a 
property  on  such  a  day,  for  so  much,  and  disposed  of  the 
proceeds  in  such  a  manner  ;  and  so  on,  whether  in  a  civil 
or  criminal  matter.  All  these  writs  thus  returned,  remain 
with  the  registrar.  He  has  the  power,  in  a  case  of  litiga 
tion,  of  making  a  special  return;  that  is,  to  detail  all  the 
facts  which  attended  the  execution  or  non-execution  of  the 
writs,  in  order  that  the  court  might  specify  the  act.  He 
is  invested  with  an  authority  which  none  must  resist.  He 
can  arrest  whomever  he  likes,  and  seize  and  sell  property. 
He  has  under  his  charge  as  many  warrant-officers,  constables, 
sergeants,  records,  jailers  and  executioners  as  he  may  think 
proper.  Not  only  can  he  call  on  the  military  of  the  United 
States  or  the  militia  in  aid,  but  he  can  also  demand  the  servi 
ces  of  the  posse  comitatus^  that  is,  command  the  assistance  of 
any  inhabitant  in  the  exercise  of  his  authority.  He  has 
even  been  seen  to  order  a  judge  down  from  the  bench,  to 
assist  him  in  arresting  a  refractory  malefactor.  In  fact,  he 
is  the  physical  power  of  society,  whom  none  may  resist. 
But  though  invested  with  powers  so  considerable,  he  is 
strictly  responsible  for  all  he  does.  If  he  commit  an  error 
in  arresting  me  for  another,  I  can  bring  an  action  against 


AMERICA  AND  THE  AMERICANS.          139 

him  for  damages,  costs,  &c.  The  same  in  a  criminal 
matter,  if  he  exceed  his  authority  without  provocation.  I 
do  not  defend  my  property  against  him,  but  I  hold  him  re 
sponsible  for  any  damage  he  may  have  committed.  This 
double  responsibility  of  the  sheriff  is  so  well  balanced, 
that  no  danger  need  be  apprehended  either  for  one's  property 
or  individual  liberty  ;  and  matters  are  considerably  sim 
plified  by  being  thus  united  under  one  responsible  party. 

Besides  these  functions,  it  is  the  sheriff's  duty  to  report 
on  the  result  of  all  elections  held  in  the  county  ;  while  in 
some  States,  he  is  also  collector  of  taxes.  These  places 
are  very  lucrative  and  in  much  request,  and  the  emolu 
ments  wholly  paid  by  the  parties. 

However  well  the  court  may  be  constituted,  it  would  be 
comparatively  dull  as  a  desert,  without  the  gentlemen  of 
the  bar.  The  tribunals  and  litigants  have  certainly  been 
invented  for  them  ;  for  it  is  they  who  most  profit  thereby, 
and  who  collect  the  "  loaves  and  fishes."  There  is  but 
one  class  of  lawyers  in  the  United  States — the  advocates. 
They  perform  the  duties  of  notary,  proctor,  attorney,  &c.  ; 
their  technical  legal  title  is  counselor  at  law.  They  are 
officers  of  the  court,  and  as  such,  take  the  oath  of  allegiance 
to  its  rules,  and  are  subject  to  a  sort  of  system  of  discipline. 
They  may  be  suspended,  and  even  broken  by  the  tribunal. 
They  undergo  an  examination,  in  open  court,  without  the 
necessity  of  a  preliminary  course  of  study. 

The  United  States,  and  the  States,  employ  a  counselor 
in  each  of  their  courts,  which,  however,  does  not  consti 
tute  him  a  public  officer.  The  United  States  are  merely 
his  clients.  He  appears  in  all  their  civil  and  criminal 
causes  ;  and  as  these  latter  are  always  entered  in  the  name 
of  the  United  States,  or  people  of  the  State,  it  is  he  who 
pleads  in  their  behalf:  although  the  people,  by  means  of  its 
grand  jury,  prosecutes  the  cause.  He  is  paid  like  any 
other  advocate,  on  presenting  his  claims  at  the  end  of  each 
term,  certified  by  the  judge.  This  appointment  in  behalf  of 


140          AMERICA  AND  THE  AMERICANS. 

the  United  States  is  much  coveted  ;  for,  besides  being 
very  lucrative,  they  being  excellent  clients  and  solid  pay 
masters,  it  gives  him  precedence  at  the  bar  ;  this  is  all,  how 
ever,  for  the  district  attorney  (as  he  is  called)  may  be 
suspended  by  the  court,  or  even  broken  like  any  other 
practitioner  ;  nothing  can,  however,  prevent  his  undertak 
ing  other  causes,  provided  they  be  not  against  the  United 
States. 

The  advocate  of  the  United  States  in  the  Supreme 
Court  has  the  title  of  Attorney-General ;  he  is  at  the  head 
of  the  bar,  and  the  true  minister  of  justice.  The  courts 
being  altogether  independent,  as  well  of  the  executive  as 
legislative  power,  it  is  only  as  a  party  that  the  former  can 
appear  before  them.  All  district  attorneys  receive  their 
orders,  instructions  and  consultations  from  the  attorney- 
general.  He  holds  consultation  with  the  officers  of  the 
government  in  all  cases  where  doubt  exists.  He  orders  the 
prosecution  or  suspension  of  proceedings  in  all  cases 
wherein  the  exchequer  or  United  States  are  concerned. 
But  he  himself  pleads  their  cause  before  the  Supreme 
Court,  or  even  in  the  circuit  courts  when  of  sufficient  im 
portance.  He  is  also  considered  as  forming  a  member  of 
the  President's  cabinet. 

Having  now  explained  the  nature  of  the  constitution  of 
a  court,  I  will  endeavor  to  afford  you  some  idea  of  it  in 
session.  For  this,  however,  we  must  have  juries.  Some 
time  before  holding  the  term,  and  according  to  the  delay 
required  by  law,  which  varies  in  each  State,  the  clerk  gives 
the  sheriff  two  writs  of  venire  facias,  in  one  of  which  he 
orders  him  to  form  a  grand  jury  ;  and  in  the  other,  one  or 
two  panels,  each  composed  of  forty-eight  petty  jurymen, 
taking  care  to  select  none  but  boni  et  legates  homines.  The 
necessary  qualifications,  according  to  this  clause,  differ  in 
the  different  States  ;  they  are,  however,  in  general,  the 
same  as  those  required  for  voting,  viz.  :  to  be  freemen,  of 
age,  and  to  pay  a  tax  of  some  kind,  To  belong  to  the 


AMERICA  AND  THE  AMERICANS.          141 

grand  jury,  you  must  be  a  housekeeper.  The  sheriff  se 
lects  the  jury  in  rotation,  from  a  list  which  he  possesses  of 
all  who  are  eligible  to  serve  ;  but  in  such  a  manner,  that 
all  parties  resident  in  his  county  or  district  shall  be  fairly 
and  equally  called  upon.  He  may  consult  their  convenience, 
in  calling  on  those  who  have  other  matters  in  the  court  or 
its  vicinity,  in  preference  to  those  whom  it  might  subject  to 
greater  inconvenience.  This  is  optional  with  him,  for  all 
who  are  cited  are  bound  to  appear. 

On  the  day  fixed  by  law,  the  judge  and  all  whose  busi 
ness  it  is  to  attend,  or  who  are  attracted  by  curiosity,  pro 
ceed  to  the  court-house.  There  is  no  peculiar  dress  to 
distinguish  either  the  judge  or  others,  no  gendarmes,  nor 
soldiers  of  any  kind.  A  sort  of  tribune  receives  the  judge — 
a  kind  of  bench,  with  seats  on  either  side  for  the  juries.  The 
clerk  is  seated  at  a  table,  immediately  beneath  the  judges. 
The  advocates  are  collected  around  a  table  in  the  center 
which  is  reserved  for  them.  The  audience  are  behind. 
The  sheriff  and  his  officers  station  themselves  wherever 
they  please.  As  soon  as  the  court  is  formed,  the  sheriff 
opens  the  proceedings  by  reading  a  proclamation  aloud. 
All  is  silent ;  and  what  was  just  now  but  a  meeting  of  citi 
zens  on  a  perfect  equality  becomes  a  tribunal  from  the 
moment  of  the  reading  of  this  proclamation. 

The  sheriff  has  indorsed  on  the  venire  the  names  of  the 
persons  he  has  selected.  The  clerk  calls  them  over. 
Those  absent  are  fined,  or,  if  they  tender  no  reasonable 
excuse,  are  imprisoned  for  contempt  of  court.  He  begins 
with  the  grand  jury ,  which  must  be  composed  of  more 
than  twelve,  and  less  than  twenty-four  persons — generally 
from  sixteen  to  twenty-three.  As  soon  as  they  have  an 
swered  to  their  names,  taken  their  seats  in  the  jury  box,  and 
the  judge  replied  to  any  excuses  they  might  make  for  ab 
sence,  and  a  foreman  or  president  appointed,  the  clerk 
administers  an  oath  requiring  them  to  truly  and  impartially 
investigate  any  and  all  cases  of  infraction  of  the  laws, 


142          AMERICA  AND  THE  AMERICANS. 

which  may  be  brought  before  them,  to  report  thereon  to 
the  court,  accusing  none  through  malice,  allowing  no  threats 
to  influence  them,  and  strictly  to  keep  secret  all  which 
comes  before  them  or  which  may  come  to  their  knowledge. 
This  oath  being  taken,  the  judge  delivers  his  charge  ;  a 
kind  of  admonition  or  address  in  which  he  instructs  them  in 
their  duties,  makes  them  acquainted  with  any  changes 
which  may  have  taken  place  in  the  criminal  law,  and  es 
pecially  calls  their  attention  to  such  or  such  law,  according 
to  circumstances.  This  done,  the  jury  or  grand  inquest  of 
the  county ,  retire  to  a  room  already  arranged  for  them.  They 
are  then  immediately  placed  in  possession  of  the  report 
from  each  justice  of  the  peace,  of  all  accused  parties  whom 
he  may  have  arrested,  or  for  whose  appearance  he  has  re 
ceived  bail,  together  with  the  cause  of  their  arrest,  and  a 
list  of  witnesses  in  the  case.  If  the  sheriff,  or  even  a 
citizen,  has  the  power  on  legitimate  grounds  of  arresting  an 
individual,  he  must,  with  the  least  possible  delay,  bring 
him  up  before  the  magistrate,  who  alone  can  commit  or 
bail  the  party,  and  who  is  responsible  in  damages  and  costs 
fgr  any  illegal  detention.  The  magistrate  examines  the 
accused  party  together  with  the  witnesses  for  and  against. 
If  he  finds  it  a  case  for  trial,  he  demands  bail,  not  only 
from  the  parties  accused,  but  also  the  witnesses,  and  makes 
known  to  them  the  day  of  trial  or  opening  of  the  sessions. 
If  he  deems  there  is  no  cause  for  trial,  he  immediately  re 
leases  the  party. 

The  grand  jury  is  furnished  with  an  act  of  accusation  or 
indictment  by  the  district  attorney,  in  the  name  of  the 
people,  the  United  States  or  the  jury  itself,  according  to 
the  local  forms  ;  they  investigate  and  test  its  truth,  by  the 
examination  of  witnesses,  without  ever  questioning  the 
prisoner,  who  is  always  at  liberty  to  retract  the  confessions 
which  he  may  have  made  before  the  justice  of  the  peace. 
For  it  is  one  of  the  first  maxims  of  common  law,  that  a 
prisoner  can  admit  nothing  to  his  prejudice.  If  the  grand 


AMERICA  AND  THE  AMERICANS.          143 

jury  admit  the  probability  of  guilt,  the  foreman  indorses 
the  indictment  with  the  words  true  bill ;  if,  on  the  con 
trary,  they  believe  the  prisoner  innocent,  they  write  igno 
ramus  (ignore  the  bill),  and  the  prisoner  is  discharged. 
All  these  proceedings,  as  also  the  examination  of  witnesses, 
for, reasons  sufficiently  obvious,  are  kept  strictly  secret. 

Not  only  have  the  justices  of  the  peace  the  right  to  lay 
their  proceedings  before  the  grand  jury  :  but  this  right  of 
complaint  belongs  to  all,  and  is,  perhaps,  the  most  sacred 
of  all  civil  rights.  The  complaint  remains  secret,  until 
the  grand  jury  shall  have  come  to  a  decision  on  the  indict 
ment  which  the  district  attorney  prepares,  according  to  its 
directions.  In  all  cases  also,  of  crimes  against  the  United 
States,  or  a  State,  their  advocate  prefers  a  complaint  or  an 
indictment  in  their  name. 

The  grand  jury  can  call  before  them,  under  pain  of  fine 
and  imprisonment,  all  whose  evidence  they  may  deem 
necessary  to  elucidate  a  fact.  When  a  doubt  exists  on  a 
point  of  law,  it  is  for  the  judge  to  elucidate  it  to  them. 
Their  sitting  continues  from  day  to  day,  in  the  appointed 
place,  until  they  shall  have  come  to  a  decision  on  all  the 
cases  brought  before  them.  Each  day  they  bring  down  to 
the  court  the  indictments  on  which  they  have  decided,  and 
on  the  last  day  of  sessions  make  a  general  presentment ;  or, 
in  other  words,  draw  up  a  report  of  any  defects  or  evils  ex- 
isiting  in  the  county,  but  not  of  such  a  nature  as  to  give 
rise  to  any  accusation.  They  report,  for  example,  on  the 
state  of  the  roads ;  whether  the  police  magistrates  have 
neglected  their  duty  ;  that  such  a  law  lately  enacted  is 
defective  ;  or  that  such  a  measure  ought  to  be  Adopted  by 
the  legislature.  These  presentments  are  considered  as  ex 
pressing  the  wishes  of  the  people,  and  are  viewed  with  the 
greatest  consideration.  They  can  neither  pronounce  an 
indictment  nor  make  a  presentment  unless  there  be  at  least 
a  dozen  members  in  its  favor,  whatever  be  the  number- 
Their  presentment  once  finished  and  laid  before  the  court, 
they  are  discharged. 


144          AMERICA  AND  THE  AMERICANS. 

While  the  grand  jury  is  occupied  in  inquiring  as  to  the 
criminality  of  the  accused,  and  sending  them  for  trial  be 
fore  the  court,  the  judge  proceeds  in  forming  the  petty 
juries,  in  order  to  assure  himself  of  their  presence  ;  and 
afterwards  has  the  causes  called  over.  In  this  the  practice 
varies  a  little  in  different  courts,  each  having  its  own  pe 
culiar  rules  ;  the  differences  are,  however,  of  so  little  im 
portance,  that  in  citing  those  established  in  the  courts  in 
which  I  have  practiced,  you  can  readily  form  an  idea  of 
the  rules  existing  in  the  others.  In  general,  the  causes 
are  called  thrice  :  the  first,  to  know  if  any  and  what  pro 
ceedings  have  been  taken  ;  the  second,  to  fix  a  day  for  in 
quiring  into  it ;  and  the  third,  to  dispose  of  it  either  one 
way  or  the  other.  Criminal  causes  are  generally  taken  up 
first,  in  order  to  set  at  liberty  those  prisoners  who  may 
prove  innocent ;  then  come  the  civil  causes  to  go  before 
a  jury,  and  finally,  motions,  questions  of  law  and  chan 
cery  causes,  if  they  come  within  the  jurisdiction  of  the 
court 

In  a  case  of  criminal  indictment,  the  accused  is  brought 
before  the  court  under  the  immediate  custody  and  responsi 
bility  of  the  sheriff;  he  remains  standing  before  the  judge, 
when  he  is  informed  that  his  county,  represented  by  the 
grand  jury,  accuse  him  of  murder,  and  the  indictment  is 
read  to  him.  He  is  then  asked  what  he  has  to  say.  He 
replies  that  he  is  not  guilty,  and  that  he  wishes  to  be  tried 
by  his  country,  viz.  :  a  jury  ;  in  case  of  his  not  replying, 
or  confessing  himself  guilty,  the  court  after  having  several 
times  warned  him  of  the  consequences,  is  obliged  to  pass 
sentence  upon  him.  These  are  the  only  questions  which 
the  court  or  jury  have  the  right  to  put  to  him  in  the  mat 
ter  at  issue. 

It  now  becomes  necessary  to  form  a  jury  to  proceed  to 
trial.  The  clerk  calls  the  first  whose  name  is  on  the 
panel  (or  jury  list),  and  places  him  opposite  the  prisoner, 
who  is  asked  if  he  has  any  objection  to  the  party  so  cited  ; 
if  he  say  no,  the  juryman  takes  an  oath  to  give  a  true  and 


AMERICA  AND  TUB  AMERICAN*.          145 

impartial  decision  between  the  people  and  the  prisoner,  and 
takes  his  seat  under  the  charge  of  the  sheriff's  officer. 
The  prisoner  may  object  to  a  certain  number  of  the  jury, 
which  varies  from  twenty  to  fifty,  without  assigning  any 
reason,  and  so  long  as  he  can  find  a  legal  excuse  for  so  do 
ing.  If,  for  example,  a  juryman  has  been  a  witness  against 
him,  at  his  examination  before  the  justice  of  the  peace,  or 
if  he  has  been  so  in  the  same  cause  in  another  term,  if  he 
has  formed  or  expressed  an  opinion  on  the  case  prejudicial 
to  the  prisoner,  he  may  be  objected  to  both  by  the  prisoner 
and  the  people's  advocate ;  the  latter,  however,  seldom 
avails  himself  of  this  prerogative.  It  often  happens  that 
the  jury  lists  are  called  over  without  obtaining  the  necessary 
complement  of  twelve  jurymen.  The  sheriff  is  then  au 
thorized  to  call  talesmen,  that  is,  to  take  the  first  person  he 
finds  eligible  who  happens  to  be  in  the  court,  in  the  street 
or  town  itself,  and  even  in  the  county,  until  he  shall  have 
completed  his  list  of  twelve  men,  against  whom  the  ac 
cused  can  offer  no  objection.  The  jurymen  may  be  ex 
amined  upon  oath,  in  respect  to  their  impartiality  ;  and 
when  once  the  twelve  men  have  been  chosen,  they  are 
shut  up  in  the  jury-box  under  the  charge  of  the  sheriff,  in 
order  that  no  person  shall  have  communication  with  them. 
This  done,  the  counsel  for  the  prosecution  reads  over  the 
charge  to  the  jury,  always  in  presence  of  the  accused, 
develops  his  reasons,  and  brings  forward  his  witnesses 
against  the  defendant.  Each  witness  called  takes  an  oath 
to  speak  the  truth,  the  whole  truth,  and  nothing  but  the 
truth  ;  he  is  then  examined  by  the  party  calling  him,  which 
done,  he  undergoes  a  cross  examination  by  the  counsel  in 
defense  ;  then  again  by  the  former,  and  again  by  the  pris 
oner's  advocate,  until  both  parties  shall  have  "  squeezed 
out  the  whole  juice  of  the  matter."  This  plan  is  also  al 
ways  followed  in  civil  causes.  The  court  and  jury  are 
at  liberty  to  question  the  witness  if  they  think  proper. 
In  general,  however,  they  leave  that  to  the  counsel,  who 


146          AMERICA  AND  THE  AMERICANS. 

always  acquit  themselves  with  credit,  and  who  have  thus 
brilliant  opportunities  of  displaying  their  talent  and  legal 
acumen,  as  weH  as  their  eloquence  and  erudition. 

Before  the  counsel  for  the  people  is  permitted  to  examine 
a  witness,  the  counsel  for  the  prisoner  -takes  good  care  to 
throw  every  obstacle  in  his  way.  The  law  of  evidence, 
perhaps  the  most  logical  in  common  law,  is  full  of  very 
nice  distinctions  on  this  point.  According  to  this  law,  two 
things  are  to  be  considered  in  a  witness,  his  competence 
and  credibility.  His  fitness  may  be  judged  by  the  court, 
previous  to  his  examination  before  the  jury,  whose  minds 
might  be  biased  by  his  depositions,  even  though  they  bejnot 
legal.  If,  therefore,  he  be  ignorant  of  the  nature  of  an 
oath,  if  he  be  related  to  the  prisoner  by  marriage,  or  if  he 
have  any  pecuniary  interest  at  stake,  however  small  it  be, 
in  the  issue  of  the  cause,  he  is  incompetent. 

As  to  the  credibility  of  a  witness,  that  rests  entirely 
with  the  jury  for  decision.  They  place  what  reliance  they 
please  on  his  testimony.  Besides  this,  there  are  many  ques 
tions  which  cannot  be  put,  for  a  witness  can  only  depose 
to  what  he  has  seen  or  heard  relative  to  the  matter.  He 
can  express  no  opinion.  He  cannot  give  hearsay  evidence. 
Nor  can  he  be  compelled  to  say  any  thing  which  might 
compromise  his  honor  or  interest.  Thus  the  introduction 
of  each  new  witness,  and  each  question  put  to  him,  not 
unfrequently  gives  rise  to  much  argument,  in  which  the 
court  alone  decides,  independent  of  the  jury. 

If  one  of  the  parties  deems  himself  aggrieved  by  the  de 
cision  of  the  court,  he  may  set  it  down  in  writing,  which 
the  judge  must  sign  :  this  is  called  filing  a  bill  of  exceptions 
to  the  decision  of  the  judges,  which,  however,  does  not 
affect  the  decision  of  the  cause,  further  than  its  becoming 
a  question  of  right  to  be  carried  before  a  superior  court, 
and  a  means  of  arrest  of  judgment. 

After  the  State  advocate  has  closed  his  address  and  ex 
amination  of  witnesses,  the  counsel  for  the  prisoner  brings 


AMERICA  AND  THE  AMERICANS.          147 

forward  his  witnesses  for  the  defense,  and  examines  them 
in  order  to  rebut  the  evidence  of  the  opposite  party.  The 
examination  of  witnesses  frequently  lasts  for  several  days, 
during  which  period  the  jury  are  not  allowed  to  separate, 
nor  speak  of  the  case  at  issue,  nor  even  listen  to  any  sub 
ject  matter  connected  with  it.  The  accused  as  well  as  the 
State,  have  the  right  to  compel  witnesses  to  appear  and 
give  evidence.  This  is  done  by  means  of  a  writ  or  subpena. 
This  is  an  order  from  the  court  to  the  witness,  to  hold 
himself  in  readiness  to  attend  and  testify  to  what  he  knows 
in  the  matter,  under  penalty  and  imprisonment. 

The  examination  of  witnesses  being  closed,  the  counsel 
for  the  defense  recapitulates  the  contradictory  evidence, 
and  makes  every  effort  in  support  thereof.  In  general,  the 
accused  party  engages  several  advocates.  They  address 
the  court  in  succession,  the  juniors  beginning,  and  the  more 
practical  and  experienced  closing  up.  After  this,  the 
advocate  of  the  people  replies.  To  which  they  may  again 
respond  ;  but  in  criminal  matters,  it  is  always  the  counsel 
for  the  accusation,  arid  in  civil  matters,  the  plaintiff,  who 
has  the  last  words.  The  argument  closed,  the  judge  makes 
a  recapitulation  of  the  whole  to  the  jury  ;  explains  the  law 
connected  with  the  case,  and  without  prejudicing  their 
opinion  on  the  facts,  points  out  those  most  applicable  to 
the  law  of  the  case.  This  is  called  the  judge's  charge  to 
the  jury  :  upon  which  charge,  the  parties  may  take  out  a 
bill  of  exceptions  as  to  the  legal  opinion  therein  given. 

The  decisive  moment  now  arrives,  when  the  heart  of 
the  prisoner  palpitates  with  the  most  intense  emotion  :  for 
in  all  criminal  cases  it  is  necessary  that  he  should  be  pres 
ent.  It  is  the  moment  when  the  jury  retires  to  deliberate. 
The  jury  in  charge  of  the  officer  of  the  court,  or  one  of  his 
subordinates,  are  conducted  into  a  room,  and  there  kept 
under  his  surveillance,  and  furnished  with  a  table,  pen  and 
ink,  paper,  and  a  jug  of  water.  When  once  a  jury  is  thus 
closeted,  nobody  can  have  access  to  them,  nor  are  they 


148          AMERICA  AND  THE  AMERICANS. 

allowed  to  quit  until  they  shall  have  made  up  their  minds 
to  a  verdict  unanimously.  According  to  the  common 
law,  they  remained  locked  up  until  they  agreed  ;  but  in 
case  of  a  juryman  dying  of  hunger,  thirst,  fatigue  or  other 
wise,  or  making  his  escape,  the  cause  could  not  be  decided 
by  the  remaining  eleven,  but  was  sent  back  before  another 
jury. 

Hence  has  arisen  the  modern  practice,  of  allowing  a  jury 
to  retire,  in  cases  wherein  all  could  not  agree.  This, 
however,  is  never  considered  necessary,  before  a  jury  shall 
have  been  shut  up  for  less  than  twenty-four  hours,  and 
often  more  ;  for,  so  long  as  the  judge  has  reason  to  hope 
they  will  agree,  it  is  his  duty  to  keep  "them  locked  up. 
When,  however,  he  is  'convinced  of  the  impossibility  of 
their  agreeing,  the  jury  list  i"s  called  over,  .and  after  having 
withdrawn  a  member,  the  proceedings  in  the  case  are  con 
sidered  as  invalid  ;  and  at  the  next  term,  or  directly,  if  the 
parties  consent,  the  case  is  re-argued  and  its  merits  investi 
gated  before  another  jury.  This,  however,  rarely  hap 
pens.  In  general,  after  a  certain  time,  the  jury  returns  its 
verdict  verum  dictum  ;  if  they  acquit  him,  the  prisoner  is 
immediately  released.  But  even  if  he  be  brought  in  guilty, 
he  has  yet  many  means  of  escaping. 

The  counsel  for  the  prisoner  may  make  a  motion  of  ap 
peal  before  a  new  jury,  or  a  motion  for  a  new  trial,  in  all 
cases  where  a  want  of  competence  has  been  discovered  in 
a  juror,  or  if  one  of  the  witnesses  for  the  accusation  has 
been  known  to  have  perjured  himself,  or  been  suborned 
since  taking  his  deposition,  or  if  through  some  accident  or 
ignorance  the  accused  has  been  prevented  from  availing 
himself  of  some  important  evidence  ;  in  all  these  cases  the 
judge  is  invested  with  discretionary  power,  either  to  grant 
or  refuse  a  new  trial.  If  he  grant  it,  all  which  has  been 
done  is  annulled,  and  the  case  must  be  gone  into  anew. 

The  accused  party  may  also  put  in  a  motion  in  arrest  of 
judgment.  It  is  based  on  the  irregularity  of  forms  or  bills 


AMERICA  AND  THE  AMERICANS.          149 

of  exception,  which  must  go  before  a  superior  court.  The 
appeal  courts  in  these  cases  decide  only  on  the  law  of  the 
case.  If  they  dissent  from  the  inferior  court,  the  affair 
goes  before  another  jury  in  the  form  of  a  new  trial,  but  be 
fore  the  same  judge,  who  is  bound  to  conform  to  the  de 
cision  of  the  court  of  appeal  on  the  point  in  dispute. 

It  is  most  important  to  observe  that  all  these  means  are 
reserved  for  the  defense,  and  in  which  the  advocate  for 
the  people  cannot  interfere.  If  a  prisoner  is  acquitted,  all 
proceedings  are  closed  against  him  ;  and  he  cannot  be  again 
tried  for  the  same  crime.  The  law  carries  its  clemency  so 
far,  that  in  all  capital  cases,  the  life  of  the  party  accused  can 
not  be  placed  in  jeopardy  but  once  for  the  same  affair.  He  is 
looked  upon  as  having  already  been  accused  of  a  capital 
offense  before  a  grand  jury.  If  then  a  judge  grant  a  new 
trial,  or  a  superior  court  reverses  the  decision  of  an  inferior 
one,  the  accused  is  immediately  released  by  pleading 
antrefois  convict,  for  his  life  cannot  be  twice  placed  in 
danger.  It  is  on  this  humane  provision  of  the  law,  that 
the  motion  to  quash  the  indictment  is  founded.  The  com 
mon  law  requires  the  greatest  exactitude  in  an  instrument 
on  which  the  life  of  a  citizen  depends  ;  hence,  the  most 
trifling  error  is  sufficient  to  quash  it.  Not  only  the  counsel 
for  the  accused,  but  all  others  acting-  ajs  amieus  CUTCB  may 
raise  objections  to  effect  the  annulling  of  an  indictment. 
Previous  to  the  prisoner's  appearing  before  a  jury,  this 
proceeding  would  bo  useless,  as,  since  his  life  has  not  as 
yet  been  placed  in  danger,  another  might  be  made  out  (as 
is  the  practice,  even  after  a  verdict,  in  cases  not  of  a  capital 
nature),  by  which  after  all  exertions  have  been  made  for 
the  defense,  if  an  error  of  form,  even  insignificant  in  itself, 
be  found  in  the  indictment,  the  prisoner  is  released.  And 
this  is  the.  law  which  they  have  been  pleased  to  represent 
in  Europe  as  a  law  of  blood  !  It  is  impossible  more  fully 
to  protect  the  life  and  honor  of  citizens  against  arbitrary- 
power,  than  does  the  common  law  of  America,  and  I  will 


150  AMERICA    AND    THE    AMERICANS. 

also  add,  that  of  England.  The  maxim  of  this  law  is,  that 
it  is  better  to  allow  a  hunded  criminals  to  escape,  than  igno- 
miniously  to  convict  an  innocent  person. 

If  the  jury  have  found  the  prisoner  guilty,  and  there  be 
no  error  of  form,  neither  in  the  proceedings  nor  in  the  in 
dictment,  the  judge  pronounces  sentence  ;  and  nothing  can 
save  the  criminal  but  the  pardon  of  the  President  or  Gov 
ernor,  according  to  the  court  in  which  he  is  condemned. 
Herein  you  perceive  that  criminal  justice  is  very  expedi 
tious  ;  if  a  man  be  arrested  to-day,  the  grand  jury  being  in 
session,  he  may  be  tried  to-morrow  and  condemned  the  day 
after,  while  nothing  will  save  him  from  being  hung  on  the 
following  day,  unless  he  solicit  time  for  praying  a  remission 
of  the  sentence.  In  general,  however,  the  accused  is  al 
lowed  the  privilege  of  putting  off  the  case  until  the  follow 
ing  term  ;  but  this  is  only  done  at  his  own  solicitation.  If 
through  the  fault  of  the  advocate  of  the  people,  or  by  fortu 
itous  circumstances  (as,  for  instance,  not  being  able  to  form 
a  jury),  the  case  has  not  been  tried  during  three  successive 
terms,  the  prisoner  is  discharged  in  full  right.  He  may, 
however,  be  again  arrested  on  another  indictment,  for  there 
are  no  prescribed  bounds  to  a  prosecution  by  the  people  ; 
and  he  cannot  save  himself  by  pleading  antrefois  convict, 
since  he  has  not  appeared  before  a  jury. 

The  advocate  of  the  people  is  invested  with  the  power 
of  declaring  a  nolo  prosequi,  whenever  he  has  reason  to 
believe  that  the  prosecution  cannot  be  sustained ;  and  it  is 
his  duty  to  abandon  it,  in  order  to  save  useless  expenses  in 
behalf  of  both  the  prisoner  and  the  people. 

In  civil  causes,  justice  is  not  so  expeditious  ;  two  terms 
at  least  are  required  to  dispose  of  an  action.  The  common 
"law,  by  a  system  of  perfect  analysis,  has  divided  all  civil 
complaints  into  certain  categories,  and  to  each  wrong  has 
provided  a  particular  remedy.  It  therefore  becomes  strictly 
necessary  to  follow  the  forms  of  action  which  it  has  es 
tablished  for  each  category,  and  not  to  seek  two  hours 


AMERICA  AND  THE  AMERICANS.          151 

after,  what  may  be  required  at  noon,  in  applying  for  an 
action  or  a  writ  which  belongs  to  another.  The  Sibyl  must 
be  consulted  according  to  the  rules  of  her  temple,  to  which 
she  will  always  afford  a  speedy  and  ready  answer,  and 
with  the  utmost  punctuality ;  but  if  you  make  frivolous 
applications,  or  she  remain  mute,  or  dismiss  you  from  the 
temple,  throw  you  out  of  court,  or  in  her  own  language, 
nonsuit  your  action,  you  will  have  the  expenses  to  pay,  and 
may  begin  another  action  on  the  same  complaint,  until  you 
shall  have  succeeded  in  your  suit. 

Actions  are  divided  into  personal,  real,  and  mixed,  ac 
cording  to  the  nature  of  the  case  at  issue.  The  first  and 
last  are  the  only  ones  pursued  ;  the  complicated  forms  of 
the  second  having  caused  them  to  be  abandoned  in  practice. 
The  first  are  very  numerous — as  the  action  of  assumpsit 
(the  most  common  of  all),  when  you  apply  for  damages 
and  costs  for  the  wrong  done  you  in  the  non-fulfillment  of 
an  engagement ;  action  for  debt,  when  you  apply  for  its 
payment ;  for  detainer,  when  you  reclaim  the  possession 
of  any  thing  which  another  party  has  unlawfully  applied  to 
his  own  use  ;  trover,  if  instead  of  the  thing  itself,  you  de 
mand  damages  and  cost  for  its  conversion  ;  of  trespass 
quare  elausumfregit,  to  be  indemnified  for  all  damage  done 
to  your  property  by  the  defendant,  his  domestics  or  cattle  ; 
of  trespass  m  et  armis,  when  the  injury  for  which  you  de 
mand  damages  has  been  done  to  your  person,  or  happens 
ex  delietu  ;  trespass  on  the  case  for  all  special  damage  sus 
tained,  either  in  consequence  of  libel,  calumny,  seduc 
tion,  &c. 

Mixed  actions  are  much  less  numerous  ;  and  are  the 
only  ones  now  entered  into,  in  order  to  decide  questions 
relative  to  the  right  of  a  real  estate.  The  only  actions  of  this 
kind  brought  in  the  United  States  are  those  of  ejectment, 
to  decide  on  the  ownership  of  the  real  estate,  and  that  of 
trespass  quare  clausum  fref/it,  which  adjudicates  on  the 
possession, 


152          AMERICA  AND  THE  AMERICAN*. 

It  is  impossible  to  conceive  a  cause  of  complaint,  for 
which  the  common  law  has  not  provided  a  form  of  action  ;  it 
is.  however,  necessary  to  be  well  acquainted  with  them, 
and  have  a  well  regulated  and  experienced  mind  in  order  to 
know  how  and  when  to  apply  them  apropos.  When, 
therefore,  an  advocate  has  heard  the  complaint  of  his 
client,  when  he  perceives  it  thoroughly  through  the  maze 
with  which  the  interested  party  has  clothed  it  in  his  ex 
aggerated  narration,  when  he  has  in  fact  divested  it  of  all 
irrelevant  and  useless  jargon,  and  at  last  discovered  the 
gist  of  the  action,  he  prepares  a  memorandum  containing 
the  names  of  the  parties,  the  sum  demanded,  the  nature  of 
the  action,  and  the  signature  of  the  advocate  of  the  plain 
tiff.  This  memorandum  is  sent  to  the  clerk  of  the  court 
long  enough  before  the  commencement  of  the  term,  that 
all  delays  required  by  law,  and  which  vary  in  each  State, 
may  be  complied  with. 

Upon  this  memorandum,  the  clerk  prepares  a  writ  of 
capias  ad  respondendum.  This  is  an  order  of  the  court 
which  enjoins  the  sheriff  to  summon  the  defendant  to  show 
cause  against  the  demand  of  the  plaintiff,  or  to  appear  be 
fore  the  court  on  the  first  day  of  term,  in  order  to  answer 
the  complaint.  It  is  in  general  by  means  of  this  writ,  that 
all  personal  actions  commence  ;  in  many  cases,  however, 
where  a  fear  exists  lest  the  defendant  shall  withdraw  his 
person  and  property  from  the  jurisdiction  of  the  court,  the 
process  begins  by  a  writ  of  attachment :  this  is  an  orde? 
given  to  the  sheriff  to,  seize  on  the  property  of  the  defend 
ant,  and  to  hold  it  at  the  disposal  of  the  court.  This  writ, 
however,  is  never  granted  but  on  the  plaintiff's  oath,  that 
his  demand  is  just,  accompanied  by  an  obligation  or  bond 
of  security,  by  which  he  engages  to  indemnify  against  all 
expense  which  he  might  incur,  in  consequence  of  the  at* 
tachjnent,  should  the  application  be  rejected  by  the  court, 
The  defendant,  on  his  part,  may  ahyays  have  a  replevy,  on 
the  seizure  of  his  property,  executed  by  the  sheriff,  on  be^ 


AMERICA  AND  THE  AMERICANS.  153 

coming  security  to  him,  and  on  presenting  the  same  to  him 
at  a  moment's  notice.  The  duty  of  the  sheriff,  as  soon  as 
he  shall  have  received  these  writs,  is  to  execute  them  im 
mediately,  and  to  return  them  to  the  clerk  on  the  first  day 
of  term,  after  having  indorsed  thereon  the  result  of  his  pro 
ceedings. 

Besides  the  memorandum,  the  plaintiff's  advocate  should 
give  the  clerk  his  declaration  before  the  first  day  of  term. 
This  is  a  document  drawn  up  according  to  the  customary 
prescribed  forms,  from  which  it  is  dangerous  to  depart,  nar 
rating  the  causes  on  which  the  plaintiff  bases  his  action. 
The  form  of  these  declarations  is  of  great  variety,  accord 
ing  to  the  course  adopted  and  the  facts  of  the  case :  it  is 
never  necessary  to  enter  into  the  true  details  of  the  affair, 
but  merely  to  show,  according  to  the  prescribed  rules,  the 
general  facts  which  give  the  right  of  bringing  the  action. 
It  is  only  when  the  cause  is  pleaded  viva  voce,  that  the 
particular  details  are  entered  into.  The  regulations,  how 
ever,  by  which  this  matter  is  governed,  are  so  nice  that  it 
requires  the  greatest  caution  to  avoid  making  a  mistake, 
the  immediate  consequence  of  which  would  be  a  nonsuit  or 
dismissal  from  court. 

The  advocate  for  the  defense,  after  having  examined 
this  declaration,  must  reply  thereto,  either  by  pleading  or 
by  demurring.  A  demurrer  is  a  reply  by  which  the  de 
fendant  admits  the  facts  of  the  complaint,  but  denies  that 
these  facts  afford,  according  to  law,  any  right  in  the  plain 
tiff  to  support  his  action,  either  absolutely,  or  in  the  man 
ner  in  which  he  has  entered  it.  A  plea  is  a  reply,  by 
which  the  plaintiff  denies  a  part  or  all  the  facts  stated  in 
the  declaration.  The  plaintiff  has  the  right  to  reply  to 
each  of  these  two  responses.  The  defendant  may  again  do 
so :  all  of  which  must  be  in  writing  and  according  to  the 
received  forms  of  the  court.  At  last,  after  having  dis 
sected  and  examined  the  question,  they  arrive  at  a  complete 
contradiction  :  this  is  called  the  issue.  These  issues  are  of 
7* 


154          AMERICA  AND  THE  AMERICANS. 

law  or  fact.     If  of  law,  they  are  judged  by  the  court  alone  ; 
but  if  they  contain  facts,  the  cause  goes  before  a  jury. 

It  is,  therefore,  not  until  the  parties  themselves  have 
come  to  an  agreement  upon  a  point  of  litigation  in  the  af 
fair,  that  the  court  takes  cognizance  of  it.  The  first  term 
is  what  is  called  an  appearance,  when  the  judge  merely 
calls  the  cause  to  assure  himself  that  the  parties  are  in 
court ;  in  the  event  of  their  not  being  so,  they  would  be  in 
default,  and  the  court  would  immediately  give  judgment 
in  the  case.  If  the  parties  appear,  they  are  then  allowed 
till  the  first  day  of  the  next  term,  to  demur,  plead,  reply, 
rejoin,  &c.  ;  but  it  is  necessary  that  by  that  day,  they  shall 
have  agreed  upon  the  point  at  issue  between  them,  and 
that  they  shall  have  terminated  all  their  pleading  in  writ 
ing.  If  the  cause  then  rests  on  a  contested  fact,  it  is  im 
mediately  carried  before  a  jury,  precisely  in  the  same  man 
ner  as  I  have  described  in  criminal  cases.  In  like  manner, 
the  plaintiff's  advocate  begins  with  the  exposition  of  his 
cause  and  the  examination  of  his  witnesses.  The  counsel 
for  the  defense  produces  his,  and  also  replies  ;  the  former 
closes  the  case.  The  jury  then  retire,  and  are  locked  up 
until  they  shall  have  prepared  a  unanimous  verdict.  The 
same  incidents  after  the  verdict  are  renewed  ;  the  same 
means  of  appeal  pursued,  except  that  this  right  belongs 
partially  to  both  parties.  It  must  be  borne  in  mind,  that  in 
all  civil  causes,  as  well  as  in  all  criminal,  the  examination 
of  witnesses  takes  place  viva  voce  before  the  jury.  The 
predilection  of  the  common  law  for  this  course  of  examin 
ing  witnesses  is  such,  that  written  testimony  is  only  ad 
mitted  in  cases  wherein  it  is  supported  by  verbal  evidence. 
Before  reading  a  note  or  letter  to  the  jury,  it  must  either 
be  admitted  by  the  opposite  party,  or  the  signature  thereof 
proved  by  a  witness.  The  seal  of  the  United  States  alone, 
and  that  of  their  courts,  requires  no  proof.  In  like  manner, 
the  laws  and  customs  of  foreign  countries  are  proved  by 
the  evidence  of  witnesses  who  are  acquainted  with  them. 


AMERICA  AND  THE  AMERICANS.          155 

Immediately  after  judgment,  the  clerk  gives  to  the  sheriff 
the  necessary  writ  of  execution,  which  is  either  a  fieri 
facias,  venditioni  expondas,  or  capias  ad  satisfaciendum, 
according  to  the  nature  of  the  case.  It  is  then  the  duty  of 
the  sheriff  to  put  the  judgment  in  execution,  in  which,  how 
ever,  he  must  he  guided,  and  always  on  his  own  responsi 
bility,  by  the  plaintiff.  These  writs  of  execution  may 
however  be  suspended  or  annulled  by  other  writs,  either 
from  the  same  court,  a  superior  court,  or  a  court  of  equity, 
by  a  writ  of  supersedeas  for  example,  or  an  injunction  to 
stay  proceedings.  The  legality  or  justice  of  these  writs  is 
again  argued  upon,  either  before  a  court  of  appeal,  or  be 
fore  the  equity  courts  which  granted  them  ;  in  such  a  man 
ner,  however,  that  the  superior  courts  are  only  subjected 
to  questions  purely  legal  and  altogether  disengaged  from 
the  trouble  of  inquiring  into  the  facts.  It  is  these  decisions 
which  I  have  already  observed,  are  entered  on  the  records 
of  the  courts,  and  form  the  common  law. 

In  the  courts  of  equity,  the  practice  is  altogether  differ 
ent  and  resembles  that  of  the  canon  law,  to  which  the 
courts  owe  their  origin.  There  exists  no  form  of  action  j 
all  complaints,  of  whatever  nature,  are  there  brought  up 
by  petition,  to  the  chancellor,  giving  the  fullest  details  of 
the  facts  of  the  case  without  any  established  forms,  and 
on  the  oath  of  the  petitioner  who  prays  the  defendant  may 
be  compelled  to  reply  on  oath.  If  the  chancellor  deems 
this  complaint  reasonable,  he  orders  the  defendant  to  reply 
thereto,  or  authorizes  the  written  testimony  of  witnesses, 
by  means  of  commissioners  whom  he  appoints  ad  hoc,  and 
who  are  commanded  to  make  a  report  thereon  to  him. 
The  parties  may  reply  and  give  a  rejoinder,  propose  or 
call  for  fresh  witnesses,  until  such  time  as  they  shall  have 
settled  the  point  at  issue  between  them,  upon  which  the 
chancellor,  after  having  examined  the  papers,  hears  the 
pleadings  on  both  sides,  in  open  court,  and  decides  thereon. 
It  must  be  observed,  however,  that  a  court  of  equity  can 


156  AMERICA    AND    THE    AMERICANS. 

never  decide  on  a  purely  matter  of  fact  question,  until  after 
the  admission  of  the  parties  themselves  ;  in  all  other  cases, 
the  question  must  be  sent  before  a  law  court,  with  orders 
for  its  being  decided  by  a  jury,  and  its  result  communicated 
to  the  superior  court. 

I  have  now  endeavored  as  much  as  lay  in  my  power  to 
explain  to  you  the  judicial  system  of  the  United  States  ; 
particularly  in  its  practical  details,  which  I  believe  are  the 
least  known.  I  may  have  been  somewhat  prolix,  and  perhaps 
tediously  so  ;  but  you  will  admit  that  the  subject  is  by  no 
means  a  lively  one,  nor  one,  the  paths  of  which  are  strewed 
with  flowers.  Courts  composed  of  a  sole  judge,*  in  which 
all  matters  are  confided  to  the  decision  of  a  single  man,  are 

O  / 

so  different  in  their  organization  from  those  of  Europe, 
that  I  deemed  it  necessary  to  make  you  acquainted  with 
them,  and  to  examine  them  both  in  a  moral  and  political 
point  of  view.  Before  concluding  this,  I  must  candidly 
confess  that  writing  as  I  have  done,  without  books  of 
reference  or  authority,  and  solely  dependent  on  memory, 
you  must  exercise  a  discretional  opinion  and  belief 
thereon.  I,  however,  am  not  aware  of  having  committed 
any  errors  of  importance. 

*  Tn  the  British  colony  of  Dominica  (West  Indies),  a  sole  judg- 
ship  has  lately  been  established,  not,  however,  without  much  op 
position. 


CHAPTER   VII. 
THE  ARMY. 

Triumphal  Visit  of  Lafayette— Reviewing  1,100,000  Men— Regu 
lar  Army,  its  Strength,  how  Distributed — Secretary  of  War — 
Pensions — General  Jackson — Recruiting — West  Point — The  For 
tifications  on  General  Bernard's  Plan — The  Militia,  when  called 
out — Election  of  Officers — Battle  of  Baltimore — Courage  of  the 
Americans — Mounted  Riflemen — Murat  in  Campaign  with  them 
— Cause  of  the  War — Horrid  Murder  of  a  White  Family  by  the 
Indians — Volunteer  or  Independent  Companies — Honorable  Ar 
tillery  Company  of  Boston — Amateur  Military  Promenades, 
Fetes,  &c. — Defenses  of  America. 

BRUSSELS. 

When  Lafaette  came  to  America  in  1825,  to  pay  us  his 
triumphal  visit,  he  was  everywhere  received  with  de 
monstrations  of  enthusiasm  as  the  guest  of  the  nation. 
What  miracles  did  he  not  see  !  He  might  compare  the 
state  of  the  country  as  he  had  left  it  fifty  years  previous 
with  what  it  then  was,  and  attribute  the  difference  entirely  to 
the  republican  institutions  by  which  we  are  governed. 
He  saw  the  country  as  nobody  had  ever  beheld  it  before, 
or  seen  it  since  that  remarkable  epoch  in  our  history.  All 
had  an  appearance  of  festivity  ;  the  houses  in  the  towns 
were  repainted  at  his  approach,  and  the  roads  repaired.  All 
took  an  air  of  youth  and  unaccustomed  freshness  and  gayety; 
the  magistrates  advanced  to  meet  him,  the  people  received 
him  with  unbounded  enthusiasm  and  devotion  ;  and  he 
was  looked  upon  and  pointed  out  as  a  model  to  the  schools 
and  students  on  his  passage.  In  many  of  the  towns,  he 
met  deputations  composed  of  dozens  of  the  most  beautiful 
young  ladies  of  which  the  place  could  boast,  to  embrace 
him  on  the  frontiers,  and  welcome  him  in  the  name  of  the 
sex.  He  was  solicited  to  hold  in  his  arms,  at  the  baptis 
mal  fonts,  all  the  infants  born  during  hiss  route,  to  listen  on 


158  AMERICA  AND  THE  AMERICANS. 

Sundays  to  as  many  different  sermons  as  there  were 
cLurches  of  various  persuasions,  to  partake  of  as  many 
breakfasts  and  dinners,  daily,  as  it  suited  the  pleasure  of 
the  various  societies  and  corporations  to  invite  him  to,  to 
drink  glasses  of  wine  almost  ad  nauseam,  and  give  as  many 
extempore  speeches  as  there  were  orators  to  address  him, 
who  were  by  no  means  few. 

But  of  all  which  he  beheld,  what  struck  him  with  the 
greatest  astonishment,  was,  that  in  a  country  the  most 
peaceable  on  earth,  he  passed  in  review  more  than  1,000,- 
000  men  completely  armed  and  equipped  !  Indeed,  every 
where  throughout  his  progress,  and  even  from  a  distance 
of  some  hundreds  of  miles  to  the  right  and  left,  the  militia 
were  called  out  and  advanced  to  meet  him,  presenting 
altogether  a  most  formidable  appearance.  He  knew  the 
governors  of  the  States  but  in  regimentals.  Among  this 
heterogeneous  military  array  were  merchants,  lawyers  and 
planters,  transformed  into  colonels  and  generals.  In  this 
amalgamation  he  beheld  a  national  guard  in  all  the  pomp 
and  circumstance  of  national  pride,  carried  to  the  highest 
degree  of  perfection  ;  for  all  this  immense  armed  array  of 
legions  was  but  the  militia  or  national  guard  of  America  ! 

In  time  of  peace,  the  regular  army  is  by  no  means  numer 
ous  :  at  the  time  of  the  ancient  federation,  it  was  composed 
of  contingents  supplied  and  fully  equipped  by  the  States, 
but  under  the  present  Constitution,  the  States  may  not 
maintain  troops  under  arms  in  time  of  peace.  The  army  is 
essentially  Federal,  and  entirely  at  the  command  of  the 
President  and  Congress.  Its  organization  has  undergone 
much  alteration  within  several  years  ;  it  was  reduced  to 
less  than  3000  men,  under  the  Presidency  of  John  Adams, 
and  was  afterwards  carried  to  100,000  during  the  period  of 
the  war.  In  1832,  it  was  composed  of  about  6000  men,* 

*  General  Scott  was  appointed  commander-in-chief  (June  25th» 
1841),  with  the  rank  of  major-general,  and  has  now  been  again  ap 
pointed  to  the  important  post  by  General  Taylor,  the  President  of 


AMERICA  AND  TUB  AMERICANS.          159 

divided  into  four  regiments  of  artillery,  seven  regiments  of 
infantry,  commanded  by  two  brigadier-generals  or  generals 
of  brigade,  and  a  general-in-chief  holding  the  rank  of 
major-general  or  general  of  division. 

The  organization  of  regiments,  the  manoeuvers  and 
exercises  are  entirely  after  the  French  system,  although 
the  commands  are  given  in  English.  The  soldiers  are 
well  dressed  and  fed,  and  in  other  respects  well  provided 
for  in  the  barracks.  The  army  occupies  a  line  of  posts  for 
some  thousands  of  miles  in  extent,  along  the  frontiers  of 
the  Union.  The  artillery  occupies  posts  on  the  Atlantic 
coast ;  the  infantry,  those  of  the  Gulf  of  Mexico  and  the 
frontiers  of  Missouri  and  Arkansas.  On  this  frontier,  a 
small  post  of  about  fifty  men  is  pushed  some  hundred  miles 
beyond  all  traces  of  civilization,  where  they  are  obliged  to 
establish  and  maintain  themselves  against  the  hostile  in 
cursions  of  the  Indians.* 

the  United  Sates,  also  a  major-general,  &c.  There  are  now  four 
brigadier-generals,  three  of  whom,  Generals  Gaines,  Wool  and 
Twiggs,  are  major-generals  by  brevet. 

In  Nov.,  1844,  there  were  but  eight  regiments  of  infantry.  In 
Nov.,  1847,  there  were  sixteen  regiments  of  infantry,  a  regiment  of 
voltigeurs  and  four  regiments  of  dragoons,  independent  of  engi 
neers,  artillery,  &c. 

The  regular  army  in  Mexico,  Dec.  31,  1847,  amounted  in  the 
aggregate,  including  the  marines,  to  21,202  men.  April  5,  1848, 
including  those  in  the  United  States,  it  amounted  to  25,446.  The 
third  and  fourth  dragoons,  ninth  to  sixteenth  infantry,  including 
the  voltigeurs,  have  since  been  disbanded  ;  while  the  present 
condition  of  the  army  may  be  thus  enumerated  :  two  regiments  of 
dragoons,  one  of  mounted  riflemen,  four  of  artillery  and  eight  of 
infantry,  exclusive  of  the  corps  of  engineers,  topographical  engi 
neers  and  the  ordnance  department. — TRANS. 

*  At  present  the  Indians  are  committing  great  ravages,  and  in 
many  parts  destroying  towns  and  villages.  There  are  two  divisions  of 
military  posts— western  and  eastern — each  divided  into  four  de 
partments.  Many  alterations  have  been  or  will  require  to  be  made 
in  relation  to  these  military  positions,  in  consequence  of  the  late 
conquests  and  annexation  of  California  and  New  Mexico. — TRANS. 


160          AMERICA  AND  THE  AMERICANS. 

The  administration  of  the  war  department  is  confided  to 
a  minister,  viz  :  the  Secretary  of  War,*  who  is  independ 
ent  of  the  army,  for  with  us  the  monopoly  of  place  is  not 
allowed,  and  we  recognize  no  officers  save  those  in  absolute 
active  service.  The  United  States  grant  pensions  only  to 
those  who  are  compelled  to  quit  the  service  from  severe 
wounds,  or  to  the  widows  and  orphans  of  those  killed  in 
battle. |  The  army  is  organized  after  statute  law,  and  is 
composed  of  a  general  of  division,  two  generals  of  brigade, 
a  colonel  as  chef  d'etat  major,  &c.,  &c.  ;  and  this  number 
cannot  be  increased  beyond  what  the  law  allows  (and 
which  has  since  been  done).  Those  belonging  to  the  ser- 

*  He  is  allowed  $6000  a  year. 

f  The  Commissioner  of  the  military  pension  office  receives  $2,500 
a  year ;  he  has  thirteen  clerks  at  from  $800  to  $1600  a  year. 
Clerks  and  contingencies  in  1846-7,  $2,075,323. 

The  estimate  for  pensions  for  1846-7,  was  $2,507,100,  the  appro 
priations  $2,075,323. 
Payments  made  in  the  year  ending  June  30th,  1847. 

Invalid  Pensions         ...  .  $246,246 


Widows  and  Orphans,  Act  of  1836 

Revolutionary,  Act  of  1818 

"      1832 

Five  years  to  Widows,  Act  of  1838 
Revolutionary,  Act  of  1843 
Pensions,  Act  of  1844 


822,105 
102,132 
292,978 
222,526 
42,302 
444,424 


Unclaimed,  1838,  &c 27,621 

Claims,  two  Acts 48,303 

The  military  pension  appropriations  leave  about  $650,080  over. 
The  Blue  Book  gives  every  clerk,  messenger  and  interpreter's 
name,  but  the  details  of  these  pensions  are  no  where  to  be  found. 
Not  a  midshipman,  carpenter,  gunner  or  sailmaker  in  the  Navy 
dies,  but  the  facts  are  chronicled  minutely  in  the  Blue  Book  al 
luded  to. 

Mr.  Secretary  Marcy  says  :  The  number  of  pensioners  of  all 
clases  on  the  rolls  of  the  pension-office,  is  23,019.  The  number 
paid  during  the  half  year  ending  July  1st,  1848,  was  only  15,092. 
The  reduction  of  pensioners  from  death  during  last  year  is  esti 
mated  to  be  at  least  ten  per  cent.  There  are  forty-two  pension 
agents  who  charge  $2  on  every  $100  they  pay  out,  and  this,  in 
1846-7,  afforded  them  incomes  ranging  from  $200  up  to  perhaps 
$2,500— average  under  $900.— TRANS. 


AMERICA  AND  THE  AMERICANS.          161 

vice  are  incapable  of  being  elected  or  appointed  to  any 
post  so  long  as  they  remain  in  the  army.  All  officers  are 
appointed  by  the  President,  with  the  advice  and  consent  of 
the  Senate  :  and  he  has  the  constitutional  power  of  dismis 
sing  them,  although  it  has  seldom  or  never  been  resorted 
to.  In  general,  promotion  takes  place  in  time  of  peace 
according  to  length  of  service.  In  the  event  of  a  war, 
Congress  would  pass  a  law  in  order  to  increase  the  army, 
and  fix  its  organization.  The  President  then  makes  all  the 
necessary  appointments,  in  such  manner  as  he  may  think 
fit,  either  in  making  a  selection  from  officers  who  had 
served  in  the  previous  war,  or  in  promoting  officers  in  ac 
tive  service,  or  in  giving  commissions  to  militia  officers,  in 
the  regular  army,  or  those  who  may  have  distinguished 
themselves  by  their  patriotism,  and  appointing  them  to  the 
organization  of  the  new  levies.  The  war  being  over, 
Congress  passes  a  law  to  reduce  the  army,  and  fix  its 
maximum  ;  when  the  reduction  in  all  ranks  takes  place, 
without  any  pension  or  privilege  whatever,  to  those  who 
either  tender  their  resignation  or  are  cashiered.  Since  the 
wars  which  have  occurred,  however,  Congress  has  awarded 
public  lands  to  officers  and  soldiers  thus  discharged,  which 
measure  will  doubtless  be  renewed  in  the  event  of  future 
wars,*  and  dismemberment  of  corps.  When  an  officer  ten 
ders  his  resignation,  he  from  that  moment  ceases  to  form  any 
part  of  the  army  and  becomes  a  mere  pequin.  The  only 
memento  he  retains  is  his  title,  and  that  from  courtesy. 
Thus  for  example,  Andrew  Jackson,  the  President,  was 
generally  called  by  the  title  of  General,  but  only  for  a  cer 
tain  period  ;  he  had  no  salary  as  such,  nor  was  he  retained 
on  the  muster  roll  of  the  army.  In  his  quality  of  presi* 
dent,  however,  he  was  virtually  commarrder-in-chief  qf 
the  forces,  by  land  and  sea. 

The  army  is  recruited  by  voluntary  enlistment ;  so  that 

*  This  idea  has  been  borne  out  since  the  late  war  and  conquest 
of  California  and  New 


162  AMERICA    AND    THE    AMERICANS. 

in  time  of  peace  it  is  but  indifferently  composed  ;  for  where 
is  the  citizen  of  the  United  States,  who  cannot  with  facil 
ity  gain  more  than  the  pay  of  a  private  soldier  ?  Besides, 
the  love  of  liberty,  and  hatred  of  all  restraint,  but  ill  dis 
poses  the  people  to  enlist.  It  must  be  taken  into  consid 
eration,  that  the  authoritative  position  of  the  officers  towards 
the  privates,  in  some  cases  approaching  to  a  degree  of 
tyranny,  tends  not  a  little  to  give  the  people  a  dislike  to 
military  service.  This  conduct  is  a  consequence  of  the 
kind  of  men  who  engage  themselves,  and  also  effects  a 
reaction  in  all  those  who  would  otherwise  engage,  while 
the  really  effective  and  good  keep  themselves  aloof.  In 
time  of  war,  the  case  is  different,  the  ranks  are  immediately 
filled  up  with  volunteers,  who  enlist  with  the  laudable  and 
honorable  motive  of  serving  their  country,  go  through  a 
campaign  and  partake  of  its  glory  and  dangers.  The  officers 
in  this  case  soon  discover  that  they  have  other  and  better 
materials  to  work  with,  and  begin  to  change  their  system  of 
discipline. 

The  army  in  its  actual  state  can  only  be  viewed  in  the 
light  of  a  focus  or  nursery  of  one  more  considerable  in  its 
character  and  development,  and  destined  as  it  were  to  pre 
serve  the  tradition  of  the  military  customs  and  regulations, 
The  officers  composing  it  are  in  general  good,  and  would, 
in  the  event  of  a  war,  be  immediately  promoted  to  superior 
rank,  and  distributed  among  the  newly  raised  regiments  ; 
in  which  case  what  would  be  required  most,  would  be 
good  non-commissioned  officers,  who  form  the  true  effective 
basis  of  all  good  armies. 

The  maxim  of  the  United  States  is  to  be  prepared  for 
war  in  time  of  peace.  Hence,  nothing  is  neglected  towards 
the  accomplishment  of  this  wise  maxim.  A  school  on  the 
plan  of  the  Polytechnic  School  of  Paris  is  established  at 
Wast  Point,  a  spot  not  far  from  New  York,  and  command' 
in°-  a  mao-nincent  view  of  that  noble  river,  the  Hudson,  and 

O  O  '  ' 

surrounding  country,     Here,  several  hundred  young  gen- 


AMERICA    AND    THE    AMERICANS.  163 

tlemen  receive  an  education  altogether  of  a  military 
character.* 

On  quitting  the  college,  they  have  the  option  of 
either  entering  the  army  as  officers,  or  selecting  some 
profession  :  which  latter  the  greater  part  do  ;  at  the  first 
signal  of  danger,  however,  they  would  be  ready  to  join 
their  standard,  and  become  excellent  officers.  Many  pri 
vate  colleges  have  adopted  the  system  of  education  at  West 
Point,  and  now  a  great  many  young  gentlemen  undergo  a 
general  military  education.  While  the  manoeuvers  and 
musket  drills  will  be  as  universally  known  to  the  future 
generations,  as  the  catechism  to  the  present,  f 

Besides  these  objects  and  useful  studies  which  partake 
more  of  a  personal  character,  the  United  States  have 
established  numerous  military  arsenals,  in  which  arms  and 
artillery  are  manufactured  and  preserved.  The  fabrication 
of  arms  and  gunpowder  is,  however,  as  well  as  every 
other  article  of  industry,  entirely  independent  in  the  United 
States.  If  I  mistake  not,  government  has  no  foundry  for 
iron  pieces,  but  they  are  purchased  ready  made  from 
private  manufactories, 

The  last  war  having  demonstrated  that  the  then  existing 
fortifications  did  not  answer  the  desired  end  for  which  they 
were  constituted,  Congress  adopted  a  system  of  fortifica- 

*  There  are  ten  professors  or  teachers.  Cadets  of  the  first  class, 
forty-two  ;  of  the  second,  forty -six  ;  of  the  third,  eighty  ;  of  the 
fourth,  seventy-nine  :  Natives  of  United  States,  245  ;  Turkey,  1 ; 
Italy,  1.  The  pay  of  cadets  in  artillery  and  infantry,  $24  per 
month.  Congress  voted  $143,472  to  uphold  the  Academy  for  1848- 
9,  viz :  pay  of  officers,  teachers,  cadets  and  musicians  $79,764 ; 
barracks  for  cadets,  contingencies  £c.,  $30,155,  being  about  $550 
per  annum  for  instructing  each  of  the  247  military  scholars.  In 
1846-7,  the  pay  of  officers,  cadets,  &c.  at  West  Paint,  was  $81,740; 
their  subsistence,  forage,  £c.  $8,043 ;  expenses,  barracks,  visitors, 
$41,971.  Barracks  for  the  cadets  are  in  progress  at  a  cost  of  $186,- 
000,  exclusive  of  outbuildings.— TRANS. 

f  Were  Colonel  Murat  now  living,  he  would  find  his  ideas  upon 
this  subject  amply  verified  to  the  letter. 


164  AMERICA    AND   THE    AMERICANS. 

tion  of  a  most  extensive  and  formidable  character,  and 
altogether  upon  new  principles,  and  which  system  is  still 
being  followed  up  with  activity.  The  project  is  due  to 
the  distinguished  General  Bernard.  No  officer  probably 
ever  undertook  such  gigantic  means  of  defense  ;  and  they 
will,  undoubtedly,  immortalize  the  General. 

The  real  force  of  the  United  States  does  not  consist  so 
much  in  the  regular  army,  as  in  the  militia.  Each  citizen 
must  serve  until  a  certain  age,  which  differs  in  the  different 
States  ;  for  if  the  army  belongs  to  the  Federal  government, 
the  militia  is  entirely  under  the  control  of  the  States.  The 
chaplains,  schoolmasters,  doctors,  and  other  such  profes 
sional  men  are  exempt.  Quakers  and  such  religious  sects 
who,  from  conscientious  scruples,  refuse  to  fight,  must 
either  pay  all  the  regular  fines,  or  march.  All  persons  em 
ployed  in  the  service  of  the  United  States  are  exempt,  as 
also  the  magistrates  in  time  of  peace. 

Everywhere,  the  governor  of  the  State  is  commander- 
in-chief  of  the  militia.  ,  It  is  for  him  to  call  them  out,  either 
on  demand  from  the  President  in  case  of  a  general  war, 
or  at  his  own  pleasure,  should  he  deem  it  necessary,  or 
that  the  emergency  of  the  State  required  it. 

The  officers  are  elected  by  the  privates,  with  the  ex 
ception  of  the  generals,  who  are  usually  appointed  by  the 
legislature  or  the  governor.  The  militia  is  organized  and  dis 
ciplined  in  the  same  manner  as  the  army  ;  and  from  the 
moment  it  is  called  into  active  service,  it  is  paid  in  the  same 
manner  as  the  other  corps  of  the  Union.  The  law  fixes  a  cer 
tain  day  for  their  assembling  to  manceuver  ;  and  the  colonel 
or  captain  has  the  power  of  calling  them  out  oftener,  either 
for  exercise  or  the  election  of  an  officer.  These  meetings 
partake  more  or  less  of  military  fetes. 

It  is  necessary  to  view  the  militia  of  the  new  countries 
in  a  somewhat  different  light  from  those  in  parts  of  the 
Union  which  have  been  for  a  long  period  inhabited,  above 
all,  the  great  towns  of  the  North-east.  There,  they  are 


AMERICA  AND  THE  AMERICANS.  165 

composed  of  artisans  and  workmen,  shop  and  apothecary 
boys,  commanded  by  their  burgesses,  all  little  acquainted 
with  the  use  of  fire-arms,  or  the  custom  of  camps.  In 
general,  they  manceuver  tolerably  well,  particularly  in 
evolutions  of  a  theatrical  character,  which,  however,  go  for 
nothing,  though  they  take  their  fancy  ;  but  if  a  shower  of 
rain  should  fall  in  the  midst  of  a  parade,  they  would  all 
march  off,  and  however  well  disposed  they  may  be, 
they  could  not  support  the  hardships  and  privations  of  a 
campaign.* 

You  will,  perhaps,  tell  me  that  the  battle  of  Baltimore 
was  won  by  this  kind  of  militia.  True,  but  it  was  at  the 
gates  of  the  city.  The  American  is  brave  and  particu 
larly  remarkable  for  a  rational  and  reflective  courage,  and 
they  are  the  strong  characteristic  points  of  defense  in 
which  it  is  dangerous  to  attack  him.  But  at  the 
battle  of  Baltimore,  the  citizen  soldiers  quitted  their  homes, 
having  breakfasted  and  shaved  ;  but  if,  instead  of  this,  they 
had  bivouacked  in  the  mud,  only  for  a  *"  ek,  they  would 
have  been  completely  knocked  up  before  meeting  the 
enemy.  Hence,  the  great  advantage  which  the  coun 
try  militia  possesses  over  that  of  the  cities  ;  the  men 
composing  them  being  accustomed  to  be  exposed  to  all  the 
vicisitudes  of  temperature  and  weather.  All  are  fond  of 
sporting,  and  are  familiarized  to  the  use  of  the  gun.  It  is 
true,  they  are  not  so  well  equipped,  nor  do  they  manceuver 
so  well,  and  are  a  little  more  turbulent.  But  all  this  does 
not  prevent  their  being  of  more  real  service  before  the 
enemy. 

But  it  is  the  militia  of  the  West  and  South,  that  a 
stranger  should  see.  A  regiment  of  mounted  riflemen, 
which  is  composed  of  men  inured  to  all  the  fatigues  and 
privations  of  an  almost  wild  primitive  existence,  each 

*  Had  Colonel  Murat  lived  to  witness  the  late  campaign  of  Mexi 
co,  it  is  to  be  hoped  he  would  have  come  to  more  favorable  and 
commondable  conclusions. — TRANS. 


166  AMERICA    AND    THE    AMERICANS. 

mounted  on  his  own  horse,  familiar  to  him,  armed  with  his 
trusty  carabine,  to  which  in  moments  of  emergency  he  has 
been  not  unfrequently  indebted  for  an  excellent  repast. 
These  hardy  horsemen  think  nothing  of  fatigue,  in  fact, 
laugh  at  it ;  while  to  them  a  campaign  seems  an  agreea 
ble  party  of  pleasure.  They  have  a  thorough  knowledge 
of  the  intricacies  of  the  woods,  can  find  their  way  by 
means  of  the  sun,  and  observing  the  bark  of  the  trees,  fol 
lowing  the  track  of  an  enemy  or  a  stag  with  incredible  sa 
gacity,  assisted  by  their  dogs — for  each  man  possesses  his 
favorite.  They  have  no  regular  uniform  ;  each  arrives  at 
his  post  just  as  he  happens  to  be  drest,  made  up  entirely  by 
his  wife  from  the  cotton  which  he  himself  has  planted.  A 
hat  made  of  plaited  palm-leaves  shades  his  face,  bronzed 
by  the  sun  or  may-be  the  fumes  of  his  pipe.  An  otter-skin, 
artistically  folded  and  sewed,  contains  his  ammunition,  his 
necessaries  for  kindling  a  fire,  together  writh  his  little  sup 
ply  of  tobacco.  A  wallet  attached  to  his  saddle  bow  con 
tains  the  provisions  both  for  himself  and  horse.  The  ani 
mal  is  not  less  hardy  than  his  master.  A  few  handfuls  of 
Indian  corn  a  day  are  sufficient  for  him  ;  but  towards  even 
ing,  on  arriving  in  camp,  he  is  unsaddled,  the  bridle  taken 
off,  and  two  of  his  legs  being  attached  together  he  is  set 
loose  in  the  wood,*  where  the  abundant  grass  soon  affords 
him  an  ample  and  cheap  supper.  Amid  such  an  hetero 
geneous  mass,  not  much  discipline  can  be  expected.  They 
have  no  regular  manceuvers.  Each  fights  on  his  own  ac 
count,  and  as  if  by  instinct.  It  is  a  hunting  excursion  on 
a  grand  scale.  They  are,  however,  the  troops  who  most 
distinguished  themselves  during  the  last  war,  and  who 
claimed  the  honor  of  having  driven  back  the  English  at  the 

*  This  is  precisely  the  custom  which  I  observed  in  the  Bedouin 
Arabs  of  the  Lybian  desert  while  traveling  through  Egypt.  It 
is,  however,  a  question  whether  this  kind  of  restraint  does  not, 
more  or  less,  affect  the  nervous  and  muscular  strength  of  the  ani 
mal's  legs. — TRANS. 


AMERICA  AND  THE  AMERICANS.  167 

battle  of  New  Orleans.  I  have  myself  made  a  campaign 
with  such  a  troop,  amounting  to  300  men.  They  were 
commanded  by  a  general  of  brigade.  I  set  out  as  his  aid- 
de-camp,  myself  forming  his  whole  staff.  I  returned 
colonel  of  a  regiment ;  and  few  periods  of  my  life  have 
afforded  me  such  agreeable  reminiscences.  Never  shall  I 
forget  our  fording  the  passage  of  the  Withlicootchie,  at 
midnight,  by  the  light  of  the  moon,  with  our  signal  fires 
blazing,  and  by  the  stronger,  but  much  more  distant  glare, 
emanating  from  the  forests  which  the  Indians  had  fired 
during  their  retreat.  That  grand  river,  in  all  the  majesty 
of  virgin  nature,  ran  between  two  banks  of  perpendicular 
rocks,  nearly  sixty  feet  in  hight ;  and  a  narrow  steep  foot 
path  led  on  either  side  to  the  ford.  The  moon  was  beau 
tifully  reflected  in  the  silvery  waves,  while  their  bright 
and  almost  phosphoric  appearance  was  only  interrupted  by 
the  long  dark  line  formed  by  our  little  army  marching  in 
single  file.  In  this  mode  of  life  wre  remained  for  a  period 
of  about  six  weeks,  on  horseback  the  whole  day,  and  at 
night  encamped  in  the  woods.  We  only  fell  in  with  the 
Indians  three  or  four  times,  but  we  could  discover  traces 
of  them  everywhere  in  our  path,  and  it  was  by  no  means 
difficult  to  perceive  that  we  were  continually  surrounded 
by  them.  One  night  they  attacked  us  in  camp  and  loht 
two  of  their  men.  On  another  occasion,  in  open  day,  they 
disputed  the  passage  of  a  ford  with  us,  losing  three  more 
men  ;  afterwards  seven  were  taken  on  a  little  island  at  the 
mouth  of  a  river,  were  tried,  but  acquitted  by  the  jury. 
The  sole  cause  of  this  war  was  the  murder  of  a  white 
family  by  the  Indians,  in  my  own  neighborhood,  accom 
panied  with  circumstances  of  the  most  barbarous  and  un 
heard-of  atrocity.  Six  white  children  from  the  age  of  two  to 
twelve  years,  were  by  them  burnt  alive,  while  the  father 
was  murdered.  It  was  in  order  to  arrest  these  murderers 
and  compel  the  other  Indians  to  retire  within  their  terri 
tory,  and  in  fact  insure  the  tranquility  and  peace  of  our 


168          AMERICA  AND  THE  AMERICANS. 

families,  and  save  them  from  a  probable  general  massacre, 
that  we  took  up  arms,  and  in  which  we  completely  suc 
ceeded. 

This  kind  of  half-civilized  militia  which  I  have  just  de 
scribed  is  only  met  with  on  the  frontiers  of  civilization. 
They  would  probably  form  the  first  troops  in  the  world,  if 
well  disciplined  and  exercised  ;  this,  however,  could  only 
be  accomplished  after  they  had  been  for  some  months  un 
der  regimental  colors.  We  may,  therefore,  always  con 
clude,  that  in  open  campaign  and  during  the  first  year  of  a 
war,  these  militia  would  always  be  beat  by  regular  troops  ; 
the  case  would,  however,  be  far  different  in  the  second, 
and  even  from  the  commencement  of  the  first  in  forests 
without  roads,  magazines,  or  resources  of  any  kind. 

There  exists  in  the  United  States  another  kind  of  militia, 
ever  ready  to  enter  into  campaign  ;  whose  equipment, 
arms  and  exercises  leave  nothing  to  desire,  and  who  are 
commanded  by  experienced  officers  who  served  in  the 
regular  army  during  the  last  war.  These  are  the  volun 
teer  or  independent  companies.  All  those  who  are  united 
by  professional  ties,  or  common  origin,  unite  together  to  form 
these  companies.  The  act  of  association,  duly  drawn  up 
and  approved  of  by  the  colonel  of  the  regiment  to  which 
they  are  attached,  regulates  their  armament,  uniform,  the 
mode  of  electing  officers,  that  of  admission  for  the  privates, 
retirement,  &c.  These  companies  often  possess  large 
property,  while  the  conditions  of  admission  thereto  are  not 
unfrequently  difficult.  The  Honorable  Artillery  Company 
of  Boston,  for  example,  owns  a  small  arsenal  with  a  very 
handsome  armory  of  its  own  ;  and,  if  I  mistake  not,  it  re 
quires  a  hundred  louis  for  admission  to  the  corps.  These 
companies,  as  regards  their  discipline  and  internal  economy, 
are  altogether  independent  of  the  officers  of  the  regular 
militia  ;  but  they  are,  however,  subject  to  their  command 
when  called  into  active  service,  though  generally  they  are 
employed  in  detached  service.  Their  uniform  is  entirely 


AMERICA  AND  THE  AMERICANS.  169 

left  to  their  own  choice,  so  that  there  is  not  a  town  of  any 
importance  without  its  several  companies  of  riflemen,  in 
the  costume  of  Scotch  Highlanders,  which  has  been  much 
in  vogue  ever  since  the  production  of  Sir  Walter  Scott's 
Romances.  The  merchants,  on  their  part,  form  themselves 
into  companies,  the  uniform  of  which  consists  of  white 
pantaloons,  blue  frock-coat,  round  hat  and  red  morocco 
bouffleter  e.  The  French,  or  their  descendants,  unite  to 
gether  In  a  similar  manner,  being  commanded  in  their  own 
language,  and  adopting  the  uniforms  of  some  of  their  old 
guards-de-corps,  or  those  of  the  French  National  Guard. 
Everywhere  there  are  also  Irish  and  German  companies.* 

All  this  strange  variety  of  military  costumes  produces  a 
very  singular  effect ;  it,  however,  excites  emulation  in  no 
small  degree,  while  these  volunteer  companies  may  be 
looked  upon  everywhere  as  corps  d' elite. 

Besides  the  maneuvers  common  to  the  militia  where 
they  are  obliged  to  be  present,  they  meet  to  attend  target 
practice  whenever  it  pleases  the  captain  to  call  them 
out  for  that  purpose.  Once  or  twice  a  year,  some  volun 
teer  companies  of  a  town  pay  a  visit  to  other  neighboring 
cities,  in  all  their  regular  military  equipment.  The  funds 
requisite  for  these  expeditions  are  subscribed  by  the  mem 
bers  of  the  corps  and  paid  over  to  the  quartermaster,  who 
goes  on  in  advance  and  makes  all  the  necessary  ar 
rangements  for  their  accommodation,  in  accordance  with 
the  regulations.  All  the  volunteer  companies  of  the  town 
or  city  to  which  they  proceed  go  out  to  meet  them,  and 
invite  them  to  dinner.  They  maneuver  together,  become 
acquainted,  dance,  and  reciprocal  invitations  and  promises 
of  visits  are  exchanged  ;  from  which  cordial  and  happy 
reciprocity  of  feeling  arises  one  of  the  most  powerful 
means  of  contributing  to  attach  and  bind  the  patriotic  popu 
lation  of  the  United  States  in  one  harmonious  whole. 

*  In  New  York  there  is  a  company  in  the  uniform  of  the  English 
Guards. — TRANS. 

8 


170          AMERICA  AND  THE  AMERICANS. 

All  these  movements  of  troops  take  place  without  any 
interference  of  the  government  whatever,  and  which,  per 
haps,  knows  nothing  about  it.  Occasionally  one  of  the 
bel-plumes  of  the  company  will  open  his  casement,  and 
observing  the  fineness  of  the  weather,  and  having  nothing 
particular  to  do,  he  trips  off  to  the  captain  and  proposes  a 
military  promenade  ;  the  idea  takes  the  captain's  fancy,  the 
drummers  are  sent  for,  the  generate  is  beaten,  and  the  com 
pany  assembles.  Although,  in  fact,  the  captain  commands, 
yet  he  cannot  notwithstanding  take  so  important  a  measure 
upon  himself  without  the  consent  of  all  the  company ; 
hence,  as  soon  as  it  is  assembled,  the  discussion  begins. 
The  majority  of  voices  decides  on  what  is  to  be  done,  to 
which  the  minority  must  submit  or  pay  a  fine,  and  as  soon 
as  the  resolution  is  taken,  the  captain  puts  it  in  execu 
tion  with  an  air  of  authority  not  unlike  that  of  a  despot 
in  miniature.  In  the  midst  of  the  most  profound  peace,  in 
a  state  of  political  tranquility  which  admits  not  even  the 
suspicion  of  a  disturbance,  the  stranger  is  not  without 
alarm  at  suddenly  hearing  the  generate  beaten  on  all  sides 
of  him.  In  going  out  he  meets  nothing  but  armed  soldiers 
hastening  to  join  their  colors,  companies  already  formed 
are  marching  in  all  directions  ;  he  almost  deems  it  a  dream, 
having  seen  not  even  a  soldier  on  the  previous  evening,  and 
cannot  account  for  their  presence  save  on  the  supposition, 
that  the  town  may  have  been  taken  by  assault  during  the 
night.  He  is,  however,  not  long  in  suspense,  as  the  air  of 
indifference  and  security  with  which  the  peaceful  citizen 
looks  on  this  military  pomp  passing  before  him  speedily 
re-assures  him.  And,  curious  enough,  nobody  can  give 
him  a  correct  answer  as  to  the  nature  or  object  of  this 
movement. 

In  the  large  towns,  such  as  New  York  and  Philadelphia, 
these  volunteers  amount  to  about  10  or  12,000  each.* 

*  Vide,  p.  177. 


AMERICA  AND  THE  AMERICANS.          171 

They  are  always  ready  to  march  at  a  moment's  notice,  per 
fectly  well  armed,  equipped  and  exercised,  and  render  im 
portant  services  in  time  of  wTar  :  their  great  defect  is,  in  the 
difficulty  of  inducing  them  to  abandon  the  immediate  de 
fense  of  their  homes,  for  being  almost  all  of  them  young 
men  of  family  and  property,  they  have  too  immediate  an 
interest  in  the  town  of  their  birth  to  like  to  wander  else 
where.  This,  however,  if  we  take  into  consideration  the 
particular  position  of  the  United  States,  is  not  of  great  im 
portance.  There  exists  but  one  frontier  to  defend,  that  of 
the  coast  of  the  Atlantic.  All  the  points  of  debarkation 
are  commanded  by  forts  defended  by  the  regular  army  ;  in 
second  line,  are  the  large  towns  defended  by  volunteer 
companies  and  the  regular  militia  ;  then  lastly,  the  heart  of 
the  country  is  defended  by  its  militia  or  levee  en  mas^e. 

There  would  be,  therefore,  no  necessity  to  call  to 
gether  the  militia  of  the  large  towns,  until  after  the  former 
had  fallen  into  the  hands  of  the  enemy  ;  and  even  then, 
there  would  not  be  the  slightest  difficulty  in  its  accomplish 
ment. 


in  (tjmpto 

As  an  interesting  and  important  appendage  to  this  work,  I 
have  devoted  much  attention  to  the  nature  of  the  offensive  and 
defensive  position  of  the  United  States.  Hence  I  have  been  in 
duced  to  present  to  the  notice  of  the  European  reader  especially, 
the  statistical  position  of  America  as  regards  her  army  and  navy, 
drawn  from  authentic  sources,  viz.,  the  Archives  of  the*  Naval 
and  Military  Departments.  We  have  already  given  America  her 
due  as  regards  her  bravery  on  the  ocean,  and  let  us  now  with 
out  vain  flattery  award  her  the  meed  of  praise  for  her  successful 
conquest  of  Mexico,  which  ranks  General  Taylor,  now  the 
honored  President  of  the  republic,  with  a  Napier  in  chivalrous 
bravery, — and  General  Scott  with  a  Wellesley,  in  their  battle-fields 
of  Assay  and  Mexico. — TRANS. 


172 


AMERICA    AND    THE    AMERICANS. 


TABLE  or  PAY,  SUBSISTENCE,  FORAGE,  ETC.*  or  ARMY    OFFICERS 


Rank  and  Classification  of  Officers. 

PAY. 

SUBSIS 
TENCE. 

20cts. 
each 
ration. 

FORAGE. 

No.  of  Servants.  ^  2*  1  § 

ANTS. 
,    &C.. 

f  a 
vate. 

^ 

p4 
JS»> 

3 

1 

03 

1 

Lp 

ho 

09 

V 

0 

ffi 

•3 

6 

25 

rmo! 
each 
rse.  J 

3 

S  6 

Il: 

o>| 

II  : 

C   « 

C        | 

^ 

^3 

O 

% 

14 

0> 
PH 

OB 

d 
0 

1 
o 
6 
x; 

l.j 
1 

12 

6 
5 
4 
4 
6 
13 

6 

6 
6 

4 
4 

6 
4 

8 
4 
8 
4 

4 

6 
6 
4 
4 

4 
4 

6 

;'. 

4 

1 
i 
4 

r, 

4 

i 

! 
4 

i 
£  « 
S£ 

C    C5 

0> 
>%c 

"3  c 

1 

$90 
6 
72 

36 

30 
24 
24 
36 
72 
36 
30 
24 
24 
36 
30 
24 
24 

30 

24 

48 
'24 
48 
24 
24 

36 
30 
24 
24 
24 
24 

36 

30 
24 
24 

•24 
24 

36 
30 
24 
24 
24 
24 

Monthly  Commu 
tation  Value. 

$200.00 
24.00 
104.00 
20.00 
90.00 
75.00 
60.00 
50.00 
90.00 
104.00 
90.00 
75.00 
60.00 
50.00 
90.00 
75.00 
60.00 
50.00 
20.00 

75.00 
60.00 

60.00 
60.00 
50.00 
50.00 
33.33 

90.00 
75.00 
60.00 
50.00 
33.33 
33.33 

90.00 
75.00 
60.00 
50.00 
33.33 
33.33 
10.00 

75.00 
60.00 
50.00 
40.00 
30.00 
25.00 
10.00 

3 
1 
3 
1 
3 
3 
3 
1 
3 
3 
3 
3 
3 
1 
3 
3 
3 
1 

3 
1 

3 
3 
3 
1 
1 
1 

3 
8 
3 
2 
2 
2 

8 

:? 
8 

1 

$24  i 
8  ! 
24  j 
8   i 
24 
24  i 
24 
8 
24 
24 
24 
24  . 
24 
8 
24 
24 
24 
8 

24 

8 

8 
8 
8 
8 
8 

24 
24 

24 
8 
8 
8 

24 
24 

24 
16 
16 
16 

24 
24 
24 

8 

4 
3 

2 
2 
2 
1 
2 
3 
2 
2 
2 
1 
2 
2 
2 
1 

2 
2 

2 

2 
1 

1 

1 

2 
2 
2 
1 
1 
1 

2 
2 

2 

1 

J 

2 
2 
2 

1 
1 
1 

$62.00 
46.50 

33-.  00 
33.00 
33.00 
16.50 
33  00 
46.50 
33.00 
33.00 
33.00 
16.50 
3300 
33.00 
33.00 
16.50 

33.00 
33.00 

33.00 
33.00 
16.50 
16.50 
16.50 

33.00 
33.00 
33.00 
16.50 
16.50 
16.50 

33.00 
33.00 
33.00 
16.60 
16.50 
16.50 

31.00 
31.00 
31.00 
15.50 
15.50 
15.50 

$376.00 
38.00 
246.50 
28.50 
183.00 
162.00 
141.  OC 
98.50 
18300 
246.50 
183.00 
162.00 
141.00 
98.50 
183.0G 
162.00 
141.00 
98.50 
20.00 
208.33 
162.00 
125.00 
208.33 
149.00 
125.00 
12-2.50 
98.50 
81.83 

183.00 
162.00 
141.00 
98.50 
81.53 
81.83 

183.00 
162.00 
141.00 
106.50 
89.83 
89.83 
10.00 

166.00 
145  00 
129.00 
,     79.50 
69.50 
64.50 
1     18.00 

Aid-de-camp,  besides  pay  of  Lieut. 

Aid-de-camp,  besides  pay  of  Lieut 

Assistant  Adj.-Gen..—  Lieut.-Col..  . 
Assistant  Adj.  -General.  —  Major  
Assistant  Adj.  -General,—  Captain..  . 
Inspector-General,  Colonel  
Quartermaster-Gen.,  —  Brig.  -Gen.  .  . 
Assist.  Quartermaster-Gen..  —  Col.  .  . 
Deputy  Quar.-Gen.,  —  Lieut.  Col... 

Assist.  Quartermaster,  —  Captain  .  .  . 
Comm'y-Gen.  of  Subsistence,  —  Col. 
Ass.  Commissary-Gen.,  —  Lieut.Col 
Commissary  of  Subsistence.  —  Major 
Commissary  of  Subsistence,  —  Capt. 
Ass.  Comm'y,  besides  pay  of  Lieut. 
Paymaster-Gen.  ,§2.500  per  annum. 
Deputy  Paymaster-General  

Surgeon-General.  $2.500  per  annum 

Surgeons  of  less  than  10  years'  serv. 
Ass.  Surgeons  of  10  years'  service. 
Ass.  Surgeons  of  5  years'  service.. 
Ass  Surg.  of  less  than  5  yrs.  serv.. 
ENGINEERS,  —  TOPOG.  ENGINEERS,  — 

Second  Lieutenant  .... 

MOUNTED  DRAGOONS  &  RIFLEMEN. 
Colonel  

Captain  

Second  Lieutenant  ....  .... 

Adjutant,  besides  pay  of  Lieut  
ARTILLERY,  —  INFANTRY. 
Colonel  .               

Captain  

Adj.&Reg.Q'm'r.  bes.  pay  of  Lieut 

AMERICA  AND  THE  AMERICANS.          173 


THE  UNITED  STATES'  ARM T— PROMOTIONS. 

In  the  British.  Army,  old  deserving  non-commissioned  officers  do 
not,  as  in  France,  get  often  promoted  ;  young  lads  of  the  "  man- 
milliner"  species  are  put  over  the  heads  of  the  oldest,  steadiest 
sergeants,  over  men  whose  practical  knowledge  of  discipline,  and 
great  military  experience,  ought  to  entitle  them  to  promotion. 
Senator  Pearce,  of  New  Hampshire,  thinks  that  we  follow  the  Eng 
lish  practice  too  closely.  One  day  he  told  of  "  a  sergeant  who  per 
formed  a  service  at  the  battle  of  the  Whithlacoochee,  for  which, 
had  it  been  under  Napoleon,  he  would  have  got  a  baton.  But  in 
ours  what  did  he  get  ?  Three  times  did  that  gallant  fellow,  with 
his  arm  broken  and  hanging  at  his  side,  charge  the  Indians  and 
drive  them  from  their  hammocks,  where  they  were  entrenched. 
The  poor  sergeant  stayed  in  the  service  until  his  time  expired,  and 
that  was  all  he  got  for  his  gallantry  and  disinterestedness."  An 
opinion  gains  strength,  that  the  honors  of  the  army  and  navy  ought 
to  be  thrown  open  to  free  competition.  Very  many  commissions 
and  promotions  are  the  reward  of  official  trimming  and  truckling  in 
Congress,  &c.,  by  the  relatives  of  parties  thus  placed  over  the  heads 
of  more  deserving  men. 

Von  Miiller  tells  us  in  his  Universal  History,  that  "  The  de 
grees  in  the  Roman  army  \\  re  very  numerous.  From  the  last 
centurion  of  the  last  manipulus  of  the  first  line  to  the  primipilatus, 
there  were  sixty  steps.  The  choice  of  the  generals  did  not  depend 
on  the  number  of  years  of  service  ;  often  the  leader  who  had  tri 
umphed  served  under  his  successor,  and  the  father  under  the  com 
mand  of  his  son  ;  indolence  and  want  of  ability  were  the  only  obsta 
cles  to  promotion. 

"  The  Romans  did  not  consider  it  necessary  that  the  soldiers 
should  be  of  great  stature  :  large  bodies  cannot  easily  support  so 
much  fatigue  as  those  of  smaller  bulk.  The  Barbarians  disdained 
the  small  stature  of  the  Roman  troops.  The  love  of  their  country, 
and  the  great  interests  that  were  at  stake,  gave  to  the  armies  of  the 
Romans  an  impulse  very  different  from  the  motives  of  the  Cartha- 
genian  and  the  Asiatic  soldiery,  who  fought  only  for  pay." 

Sir  James  Mackintosh  considered  a  standing  army  dangerous  to 
the  institutions  of  a  free  state ;  De  Tocqueville  thinks  that  "  a 
restless  and  turbulent  spirit  is  an  evil  inherent  in  the  very  consti 
tution  of  democratic  armies;"  and  that  odd  compound  of  monarchy, 
feudalism  and  aristocracy,  Sir  Walter  Scott,  told  his  son  that  "  a 
democratical  soldier  is  worse  than  an  ordinary  traitor  by  ten  thou 
sand  degrees,  as  he  forgets  his  military  honor,  and  is  faithless  to 
the  master  whose  bread  he  eats." 

Under  the  government  which  Scott  so  greatly  admired,  commis 
sions  in  the  army  are  bought  and  sold  like  stocks  or  acres ;  officers 
who  have  served  some  two  to  ten  years  are  allowed  to  retire  on  half 
pay,  enjoy  it  twenty,  thirty,  or  even  forty  years,  and  then  sell  out 
to  younger  men  ;  merit,  if  unconnected  with  rank  and  standing  in 
society,  is  quite  apt  to  be  overlooked,  though  it  is  not  always  so. 

Fuller,  a  distinguished  English  author,  early  in  the  17th  century, 
wrote  a  book  called  "  The  Holy  State,"  wherein  he  thus  describes 
"  The  Good  General :"  He  shows  in  what  a  general  "  loves  and  is  be 
loved  by  his  soldierg."  "1.  By  giving  them  good  words."  "2, 


174          AMERICA  AND  THE  AMERICANS. 

By  partaking  with  his  soldiers  in  their  painful  employments.'1''  "  3. 
By  sharing  with  them  in  their  wants."  "4.  By  taking  notice,  and 
rewarding  of  their  deserts ;  never  disinheriting  a  worthy  soldier 
of  his  birthright,  of  the  next  office  due  unto  him.  For  a  worthy  man 
is  wounded  more  deeply  by  his  own  general's  neglect,  than  by  his 
enemy's  sword  ;  the  latter  may  kill  him,  biit  the  former  deads  his 
courage,  or,  what  is  worse,  mads  it  into  discontent ;  who  had  rather 
others  should  make  a  ladder  of  his  dead  corpse  to  scale  a  city  by  it, 
than  a  bridge  of  him  while  alive,  for  his  punics  to  give  him  the  go 
by,  and  pass  over  him  to  preferment.  For  this  reason  chiefly  (be 
sides  some  others},  a  great  and  valiant  English  general  in  the" days 
of  Queen  Elizabeth  was  hated  of  his  soldiers,  because  he  deposed 
officers  by  his  own  absolute  will,  without  respect  of  orderly  ad 
vancing  such  as  deserved  it,  which  made  a  great  man  once  salute 
him  with  this  letter  :  '  Sir,  if  you  will  be  pleased  to  bestow  a  Cap 
tain's  place  on  the  bearer  hereof,  being  a  worthy  gentleman,  he 
shall  do  that  for  you,  which  never  as  yet  any  soldier  did,  namely, 
pray  to  God  for  your  health  and  happiness.'  " 

PAY  OF  THE  ARMY,  YEAR  1846-7. 

The  following  particulars  are  taken  from  Ex.  Doc.  7,  Dec.  1847, 
pp.  123  to  214  and  282  to  295  ;  what  little  insight  they  give  us  as  to 
the  system  of  accountability  to  Congress  and  the  public,  through 
clearness  of  statements  and  a  publicity  of  facts,  those  who  can  may 
profit  by  ;  we  really  cannot. 

Pay  of  the  Army  (deducting  repayments),  $1,725,992.  Of  twenty- 
three  paymasters  named,  T.  P.  Andrews  was  intrusted  with  $395,- 
391;  T.  J.  Leslie  with  $,'547,546;  G.  H.  Ringgold  $231,306;  and 
the  others  with  sums  varying  from  $642  to  $116,605.  Pay  of  ten 
regiments  $80,000. 

Subsistence  of  Officers,  $545,467;  of  which  $422,823  passed 
through  the  hands  of  Paymasters  Leslie,  Andrews,  Townsend  and 
Ringgold. 

Subsistence  Department,  $1,763,566;  of  which  $900,800  were 
paid  through  Commissary  Seawell,  $121,000  through  Shiras,  $400,- 
000  through  Grayson,  $120,000  through  Lee. 

Subsistence,  ten  Regiments  of  Regulars,  $220,832;  of  which 
$150,000  paid  per  Seawell. 

Quartermaster's  Department,  $1,473,030;  of  which,  per  Vinton 
$140,000,  JE.  Mackay  $76,000,  T.  F.  Hunt  $108,234,  H.  Stanton 
$100,000,  Dusenbury  $55,100,  Morris  S.  Miller  $32,459,  M.  M. 
Clark  $348,752,  D.  D.  Tompkins  $504,508. 

Same  Department — Incidentals  [no  items  or  explanations  given], 
$1,025,337  ;  of  which,  per  Hunt  $251,000,  Clark  $656,235. 

Same  Department — Transportation  and  Supplies,  $971,331 ;  of 
which  $1,126,680  in  hands  of  Michael  M.  Clark,  $939,500  in  hands 
David  H.  Vinton,  $411,000  H.  Stanton,  $155,550  M  Mackay,  $796,- 
809  T.  F.  Hunt,  $70,000  Dusenbury,  $166,920  M.  S.  Miller,  $117,- 
000  F.  R.  Loper. 

Transportation  of  the  Army,  including  Officers'  baggage,  £3,314,- 
125  ;  per  hands  of 'T.  F.  Hunt  $389,934,  D.  D.  Tompkins  $503,956, 
M.  M.  Clark  $1,479,196,  M.  Mackay  $168,200,  D.  H.  Vinton 
$281,700. 


AMERICA  AND  THE  AMERICANS.          175 

Clothing  Department,  $597,119  ;  of  which  $565,975  per  H.  Stan- 
ton. 

Of  $405,036  on  hand  for  three  months'  extra  pay  to  privates,  ser 
geants,  musicians,  &c.,  and  expenses  of  recruiting,  $291,858  were 
paid.  J>'40,294  for  services  of  private  physicians,  of  which  $24,500 
per  Mower. — "  Barracks,  Quarters,  &fc.,"  $253,078  ;  of  which,  per 
M.  M.  Clark,  Assistant  Quartermaster,  $116,919.  "  Providing  for 
the  comfort  of  discharged  soldiers,"  $500,000,  through  Dy.  Quarter 
master  Gen.  Hunt — no  details.  Repairs  of  roads  and  bridges  for 
armies,  $39,000. 

MEXICAN  HOSTILITIES,  &c. 

In  addition  to  the  above  and  other  expenditures,  we  find  in  page 
163  to  168  Executive  Documents,  Dec.  7,  1847,  that  $16,344,397 
were  paid  in  1846-7,  under  the  head  of  "Mexican  Hostilities" 
Reference  is  made  to  the  act  of  July  20,  1846,  but  no  details  are 
given  of  the  expenditure.  The  money  was  expended  on  "  volun 
teers  and  other  troops ;"  and  appears  to  have  passed  through  the 
hands  of— T.  F.  Hunt  $3,283,224,  A.  Mackay  $641,540,  H.  Stan  ton 
$410,000,  H.  Whitino-  $300,000,  A.  R.  Hetzel  $249,000,  D.  D.  Tonip- 
kins  $476,615,  S  B.  Dusenbury  $159,000,  D.  H.  Vinton  $782,918, 
M.  M.  Clark  $1,336,592,  R.  E.  Clary  $190,000,  W.  Seawell  $200,- 
000,  Amos  B.  Eaton  $195,000,  J.  B.  Grayson  $510,000,  J.  P.  Moore 
$194,043,  Paymaster  T.  J.  Leslie  $1,799,450,  B.  Walker  $200,000, 
Timothy  P.  Andrews  (ex-Col.  Voltigeurs),  $352,000,  Christ.  An 
drews  $122,000,  Roger  S.  Dix  $100,000,  A.  D.  Steuart  $567,950, 
Benjamin  F.  Lamed  $546,400,  G.  H.  Ringgold  $384,700,  H.  C. 
Wayne  $146,000. 

Pay  of  Volunteers,  $814,481.— Charged  as  in  the  hands  of  B.  F. 
Lamed,  Deputy  Paymaster-General,  $1,100,000,  from  which  said 
payments  were  made. 

Subsistence  of  Volunteers,  11  Regts.  $257,453  ;  of  which  $200,000 
per  Commissaries  Lee  and  Seawell. 

Preventing,  Suppressing  and  Repressing  Indian  Hostilities, 
$51,322  ;  but  no  act  is  referred  to,  nor  is  it  clear  to  us  who  got  the 
money. 

MILITARY  EXPENDITURES. 

Armament  of  certain  Fortifications,  $203,773. — No  particulars 
given,  but  Act  of  May  15,  '46,  referred  to.  "  Ordnance  Service," 
&93,994.  "  Ordnance,  Ordnance  Stores  and  Supplies,"  $560,633  ; 
Horses  lost  or  destroyed,  $20,252.  "  jYational  Armories,"  $369,506 ; 
of  which,  per  E.  Ingersoll,  storekeeper,  $217,000,  and  Richard 
Parker  $142,475.  Repairs,  ${C.,  at  Springfield  and  Harper's  Ferry 
Armories,  $151,053  ;  Arsenals,  S'108,915  ;  Bought  Saltpeter,  Brim 
stone  and  Gunpowder,  $150,000 ;  Laid  out  in  Fortifications  and 
Barracks,  $1,383,245 — no  details,  but  a  reference  to  the  amount 
p  lid  the  lieutenant,  captain,  or  other  military  man  who  drew  the 
money.  Light-houses,  Harbors,  River  Improvements,  $84,308; 
Removal  of  Choctaws  from  Mississippi,  $41,995;  "Expenses  of 
Mission  to  Wild  Indians  of  the  Prairie,"  $51,723,  M.  G.  Lewis  and 
P.  M.  Butler,  Commissioners — an  expensive  mission  this.  For 


176          AMERICA  AND  THE  AMERICANS. 

carrying  into  effect  Indian  treaties,  or  payments  to  Indians  in 
money  or  in  kind,  immense  sums  are  charged,  but  beyond  a  refer 
ence  to  the  statutes  and  stating  who  expended  the  money,  little  in 
formation  is  given  to  the  public.  On  the  Military  establishment 
votes,  $8,204,218  appears  to  have  been  in  the  hands  of  public  ac 
countants  on  July  1,  1846,  and  $8,365,318  on  July  1,  1847. 

"While  many  pages  of  the  Blue  Book  are  filled  up  with  such  items 
as  "  New  York  Daily  Express,  for  advertising  meeting  of  Army  and 
Medical  Board  $'li,"  the  American  reader  will  look  in  vain  for 
any  complete  and  intelligible  account  of  the  year's  receipts  and 
expenditures ;  indeed  bills  to  enforce  the  payment  into  the  Treasury 
of  all  the  revenue  have  met  with  quite  as  little  favor  at  Washington 
as  at  Westminster. 

Five  or  six  years  since,  Mr.  Meriwether  reported,  from  the 
committee  on  public  expenditures,  in  the  House  of  Representatives, 
a  bill  providing,  "  That  no  officer  of  the  army  or  navy  shall  receive 
any  other  compensation  than  the  pay  or  emoluments  of  the  office 
which  he  holds,  notwithstanding  he  may  perform  the  duties  of  any 
other  office  or  appointment."  Also,  "  That  no  payment  shall  be  made 
to  any  officer  of  the  army  or  navy,  by  way  of  pay  or  emoluments,  who 
may  have  been  or  shall  be  restored  to  rank,  for  the  time  he  may 
have  been  or  shall  be  out  of  service."  A  majority  in  Congress,  who 
have  "  democracy"  continually  upon  their  lips,  and  "  the  public 
plunder"  in  their  eye,  would  have  passed  a  bill  to  double  the  na 
tional  taxation  for  the  especial  benefit  of  idle  and  useless  officials, 
the  lumber  of  the  public  service,  rather  than  adopt  such  real  re 
forms  as  the  above. 


In  giving  the  reader  a  statistical  view  of  the  militia  of  America, 
it  will  be  seen  that  they  possess  a  constitutional  power  equal  to  any 
European  nation;  the  Landweir  of  Germany,  and  the  National 
Guards,  or  Guard  Mobile  of  Paris  may  equal  them  in  number,  but 
we  question  whether  either  power  at  the  present  day  could  rely  on 
their  unanimous  cooperation  with  the  regular  army.  Here  they 
form  a  brotherhood  of  soldiery,  and  in  the  battle-fields  of  Mexico 
have  proved  their  prowess,  though  undecorated  for  that  bravery. 
The  militia  of  the  United  States,  from  what  I  have  seen  of  it,  and 
I  have  had  some  experience  in  the  matter,  are  equal  in  their  equip 
ment  and  military  parade  to  any  in  Europe, — and  as  to  their  tar 
get  practice,  they  are  a  match  for  the  celebrated  yager  corps  of 
Switzerland  or  Germany. — TRANS. 


AMERICA  AND  THE  AMERICANS. 


177 


MILITIA  FORCE  or  THE  UNITED  STATES. 

Abstract  of  the  United  States  Militia,  from   the  Army  Register 

for  1848. 


States 
and 
Territories. 

For 

what 
year 

Gen 
eral 
Offi- 
ce.s. 

Gen'l 
Staff 
Offi 
cers. 

Field 
Offi 
cers, 
fcc. 

Com 
pany 
Offi 
cers. 

Total 
r.ommis- 
sioneJ 
Officers. 

Non-com. 
Officers, 
Music'ns, 
Privates, 
&c. 

Aggre 
gate. 

1845 

*6 

95 

640 

1  659 

2  320 

N.  Hampshire  .  . 
Massachusetts.. 

1847 
1847 
1843 

12 
13 

40 
35 
51 

325 

74 
224 

1.224 
'380 
801 

1.601 
'498 
1  088 

25,465 
94.157 

27,066 
94.655 

Rhode  Island... 
Connecticut  
New  York  
New  Jersey.... 
Pennsylvania.  .  . 
Delaware  

1847 
1846 
1847 
1829 
1847 
1827 
1838 

6 
11 
136 

19 
55 
4 
22 

21 
38 
366 
68 
164 
8 
68 

42 
292 
2,605 
435 
1.245 
71 
644 

9 
983 
6.465 
L476 
6.054 
'364 
1  763 

78 
1.324 
9^472 
1,988 
7,518 
447 
2  397 

14.068 
56J396 
158,172 
37,183 
268.552 
8J82 
44  467 

14'l46 
57,719 
167.644 
39,171 
276.070 
9.229 
46  864 

Virginia  
N.  Carolina  
S.  Carolina  

1847 
184.3 
1846 
183n 

28 
28 
19 
36 

62 
133 
101 

98 

1.351 
657 

71C 

5,395 
3.449 
2,026 
2  °1° 

6.836 
4,267 
2.598 
3  092 

115.155 
75.181 
52,107 
54  220 

121,991 
79.448 
64,705 
67  312 

1^47 

31 

187 

661 

1  382 

2  164 

42  168 

44  332 

Louisiana  
Mississippi  
Tennessee  
Kentucky  
Ohio  .  .  .. 

1847 
1338 
1840 
1847 
1845 

10 
15 

25 
48 
91 

55 

70 
79 
125 
°17 

169 
392 
859 
1,112 
462 

1.168 
348 
2,644 
3,518 
1  281 

L392 
'825 
3,607 
4.803 
2051 

42^431 
35.2o9 
67,645 
83.539 
174  404 

43.823 
36^084 
71.252 
88,342 
176  456 

Indiana 

133-1 

31 

110 

566 

2  154 

2  861 

61  052 

53  913 

Illinois  
Missouri  
Arkansas  

1S41 

1844 
1843 
1847 

45 
8 
26 

94 
29 
121 

790 
310 
336 

2.990 
762 
2  110 

3,919 
1,109 
2  593 

57,081 
16028 
57  413 

83^234 
61.000 
171137 
60  006 

1845 

3 

14 

95 

508 

620 

1  1  502 

12  122 

Texas  

1847 

15 

45 

248 

940 

1  248 

18  518 

19  766 

Wisconsin  T  
D.  of  Columbia. 

1840 
1832 

1 
1 

6 
3 

36 

24 

126 

68 

169 
96 

6.054 
1,153 

5.223 
1.249 

Total  

773 

2,493 

15.456 

54.259 

72,981 

1,732.323 

1,888,538 

By  a  communication  from  the  Secretary  of  War  to  Congress,  it 
appears  that  the  total  number  of  soldiers  in  the  army,  after  the 
discharge  of  those  enlisted  for  the  war,  is  8,866.  . 

The  "  Ten  Regiments"  raised  under  the  act  of  February  11, 1847, 
to  serve  during  the  war,  were  disbanded  upon  the  conclusion  of  the 
treaty  of  peace  with  Mexico. 

This  shows  a  colossal  increase  since  Col.  Murat's  time. 

S* 


CHAPTER    VIII. 

THE  NAVY. 

The  Naval  and  Merchant  Service— Exploits  of  the  Navy  during  the 
War,  its  Force  then  and  now — Naval  Architecture  of  America — 
The  Pennsylvania  of  144  Guns — Dock- Yards,  Government  and 
Private — The  Frigates  for  Greece — Anecdote  of  Naval  Action, 
and  Ibrahim  Pacha — American  and  English  Navy  Compared — 
Manning  the  Navy — Comparison  betwen  Navy  and'Army  Service 
— Officers  of  the  Navy — Privateering  Baltimore  "  Clippers" — 
Merchant  Service — Rapidity  of  Voyages — Wars  with  Europe — 
Capture  of  Washington — Battle  of  Baltimore — Expedition  to  New 
Orleans — Causes  of  English  Success  in  Canada — Result  of  the 
War — America  formidable  in  a  future  Naval  Warfar6  with  any 
European  Power — Her  Policy  to  Maintain  Peace. 

I  WILL  now  come  to  another  important  arm,  of  which  I 
have  not  yet  spoken,  and  one  in  which  lies  our  most  pow 
erful  defense — our  navy. 

To  this  arm  we  were  indebted  for  our  most  brilliant  tri 
umphs  during  the  last  war  :  for  although  but  in  its  infancy, 
with  few  exceptions,  she  beat  the  English  on  all  the  oceans, 
in  a  manner  which  astonished  Europe.  It  is,  however,  by 
no  means  extensive.  We  have  at  this  moment,  I  believe, 
but  twelve  vessels  of  the  line  ;  but  they  are  all  beautiful 
models  of  naval  architecture.  This  branch  of  the  arts,  as 
well  in  the  mercantile  as  military  department,  has  made 
immense  progress  in  America.  By  means  of  a  very  sim 
ple  invention,  they  have  succeeded  in  rendering  frigates 
almost  as  strong  as  ships  of  the  line  ;  and  two  deckers 
equal  in  construction  and  strength  to  three  deckers. 
The  deck  is  constructed  sufficiently  strong  to  support  guns 
equal  in  caliber  to  those  of  the  battery.  This  plan  has 
been  adopted  lately  in  the  construction  of  an  immense 
leviathan  of  a  ship  at  Philadelphia.  She  mounts  in  all 
144  guns  of  the  heaviest  caliber.  She  is  the  largest  ship 
which  has  ever  beefc  built.  Government  neglects  no  ex- 


AMERICA  AND  THB  AMERICANS.          179 

pense  towards  the  formation  of  the  navy,  amounting  even 
to  prodigality  and  luxury  ;  and  the  quality  of  the  wood 
(almost  imperishable),  which  is  now  almost  exclusively 
employed  in  the  navy,  leads  me  to  believe,  that  she  willa 
ere  long,  arrive  at  a  degree  of  splendor  and  numerically 
imposing  force. 

Although  the  vessels  of  the  United  States'  navy  are  not 
very  numerous  at  the  present  period,  their  numbers  are 
capable  of  being  increased  with  unexampled  rapidity. 
There  exist  eight  or  ten  naval  arsenals,  which  are  in  that 
state  of  perfection  and  admirable  order  that  they  are  ready, 
at  a  moment's  notice,  to  construct  as  many  ships  of  war  as 
the  immediate  emergency  of  the  case  may  require.  There 
are  in  each  of  them  a  great  number  of  calles  or  stocks, 
many  of  which  are  roofed  over,  together  with  immense 
magazines  of  wood,  rigging,  &c.  Besides  these,  in  the 
cities  of  New  York,  Philadelphia  and  Baltimore,  vessels 
of  war  are  built,  belonging  to  private  individuals.  During 
the  last  war,  they  built  several  Vessels  on  account  of  go 
vernment  ;  since  which,  these  parties  have  supplied 
Colombia  and  Peru,  Spain  and  Mexico,  the  Brazils  and 
Buenos  Ayres.  They  constructed  two  vessels  for  the 
Greeks,  during  their  war  of  Independence  ;  the  one  was  sent 
to  its  destination,  while  the  other  was  bought  by  the 
American  government,  and  now  belongs  to  the  navy  de 
partment.*  The  "  Hellas  Frigate"  (if  I  mistake  not)  was 

*  I  had  the  honor  of  accompanying  and  serving  under  Lord  Coch- 
rane  (now  Earl  Dundonald,  admiral  and  commander-in-chief  on 
the  West  India  and  North  American  Station),  in  Greece,  on  board 
of  one  of  these  frigates  ;  she  was  a  most  magnificent  vessel,  mounting 
sixty-four  heavy  guns  :  thirty-two  long  thirty-two  pounders  on  her 
upper,  and  thirty-two  forty-four  pound  carronades  on  her  lower 
deck,  besides  four  sixty-eight  pounders.  She  was  the  admiration 
of  all  the  navies  on  the  Mediterranean  station ;  and  while  off  Zante, 
she  fell  in  with  and  captured  a  Turkish  frigate  in  gallant  style,  in 
forty  minutes.  Although  out  of  consideration  and  compassion  for  the 
poor  little  devil  of  a  Turk,  mounting  but  thirty -two  long  brass 


ISO          AMERICA  AND  THB  AMERICANS. 

bought  by  the  Greek  Loan  Jobbers  in  England,  for  the  sum 
of  ^60,000  sterling,  while  the  Greeks  not  being  able  to  pur 
chase  the  sister  frigate,  she  was  sold  to  the  American  go 
vernment,  and  had  not  been  in  the  service  more  than  a 

guns  of  lighter  caliber,  his  lordship  ordered  only  grape  to  be  fired 
at  her  rigging  in  order  to  disable  her ;  she,  however,  becoming 
rather  troublesome,  having  sent  a  round  shot  or  two  through  the  ad 
miral's  cabin,  rounds  were  fired  by  the  Hellas,  by  way  of  "  returning 
the  compliment,"  when  she  surrendered,  being  the  first  Turkish  ves 
sel  which  surrendered  to  a  Greek  during  the  Avar.  And  had  it  not 
been  for  Lord  Cochrane  and  his  European  officers,  the  Turks  would 
have  blown  the  ship  up  rather  than  have  surrendered  to  the  Greeks, 
as  hitherto  had  been  invariably  the  case  during  their  frightful  and 
desperate  struggle.  Only  two  round  shots  were  fired  from  the 
frigate — the  one  killed  and  wounded  twenty-two  men,  the  other 
passed  through  and  through  the  state  cabin  in  which,  on  boarding 
the  Turk,  we  found  about  a  score  of  beautiful  young  Greek  women 
captured  in  the  war,  and  who  were  on  their  voyage  to  the  Seraglio 
of  the  Sultan,  as  a  present  from  his  humane  Highness,  Ibrahim 
Pacha.  This  beautiful  frigate,  named  the  "  Hellas,"  was  afterwards 
blown  up  in  the  Greek  harbor  of  Poros,  by  the  venerable  and  gal 
lant  naval  hero  Miaoulis,  together  with  the  whole  Greek  squadron, 
rather  than  allow  their  falling  into  the  hands  of  the  treacherous 
Russians,  through  the  intrigues  of  Count  Capo  d'  Istria. 

Some  years  since,  Ibrahim  Pacha,  this  monster  stained  with  the 
blood  of  Greece  and  her  daughters,  arrived  in  London,  where  he 
was  treated  with  "  all  the  honors  due  to  his  illustrious  rank"  (rank 
indeed) ;  he  was  complimented  and  feted  at  the  magnificent  London 
Club,  called  the  Reform :  yet  this  very  man  would  under  other  cir 
cumstances  have  thought  nothing  of  cutting  their  throats,  and 
transporting  their  wives  and  daughters  to  the  same  market  as  that 
to  which  he  intended  to  send  the  lovely  young  Greek  captives,  as  a 
peace  offering,  forsooth,  to  his  imperial  master,  the  Sultan.  Yet, 
Ibrahim  Pacha  was  a  hero  !  so  was  Turpin,  Jack  Sheppard  et  hoc 
genus  omne.  I  could  relate  many  instances  of  this  civilized  barba 
rian's  atrocities  committed  during  the  Greek  war.  One  anecdote, 
however,  will  suffice  to  show  how  lightly  he  thought  of  the  shed 
ding  of  human  blood,  even  that  of  his  own  devoted  soldiers  : — 

In  one  of  the  battles  in  the  Morea,  during  the  Greek  War  of  In 
dependence,  and  in  which  Ibrahim  was  victorious,  the  good  and 
noble  minded  Count  Santa  Rosa  was  killed  in  the  cause  of  Greece. 
Walking  over  the  battle-field,  Selves,  the  French  renegade,  who  was 


AMERICA  AND  THE  AMERICANS.          181 

twelvemonth,  before  (as  I  was  informed)  she  got  the  dry 
rot  or  something  equivalent,  and  was  condemned  to  less 
noble  purposes. 

The  Russian  Government  also  bought  a  superb  corvette 
at  Philadelphia  ;  and  I  doubt  not,  but  that  the  private  ship 
yards  of  the  large  towns  of  the  Union  could  furnish  twenty 
first-class  frigates  a  year,  fully  equipped  and  independent 
of  those  built  in  the  government  dock-yards.  So  certain 
is  the  government  of  its  resources  in  this  department,  that 
it  is  by  no  means  desirous  of  increasing  the  navy  to  any  ex 
tent  during  a  period  of  peace. 

The  maintaining  ships  in  ordinary  is  very  expensive  ; 
whatever  care  be  taken  of  them,  an  old  vessel  can  never 
be  equal  in  value  to  one  newly  constructed.  In  the  list  of 
ships  in  the  American  navy,  there  are  none  of  no  value. 
England  is  far  from  being  able  to  make  the  same  statement. 
She  is  the  only  European  power  with  which  we  can  have 
a  naval  war.  In  a  month's  time,  all  our  navy  would  be 
armed  and  ready  to  defend  the  approaches  of  our  coast ; 
and  we  may  say,  before  a  fleet  of  twelve  vessels  of  the 
line  could  advance  to  attack  us,  our  arsenals  would  have 
sent  forth  a  dozen  vessels  at  least,  in  addition,  to  the  ren 
contre.  Besides  this,  every  day  produces  new  improve 
ments  towards  perfection  in  our  naval  architecture  ;  while 
the  last  vessel  built  is  always  the  best.  There  is,  there 
fore,  a  considerable  advantage  in  having  all  our  materiel 
ready,  and  in  setting  to  work  on  the  construction  of  our 
ships,  only  when  they  shall  be  required. 

The  only  difficulty  which  the  United  States  would  ex 
perience  in  equipping  a  fleet,  would  be  in  finding 

known  under  the  title  of  Soliman  Bey,  came  suddenly  upon  some 
of  the  dead,  among  whom  he  recognized  the  body  of  his  old  friend 
of  other  days,  the  unfortunate  Count ;  and  with  an  exclamation  of 
sorrow  mentioned  his  regret  for  the  loss  of  one  so  esteemed,  to 
Ibrahim,  whereupon  the  Pacha  coolly  replied  "  Ah  !  ma  foi,  it  is 
the  fortune  of  war.  But  as  it  seems  to  affect  you,  how  many  of  my 
Arabs'  heads  shall  I  cut  off  by  way  of  satisfaction"  1 — TRANS. 


182          AMERICA  AND  THE  AMERICANS. 

sailors  to  man  it ;  for  we  have  no  English  press-gang  sys 
tem.  The  crews  are  formed  from  voluntary  enrollment, 
and  at  a  bounty«always  higher  than  that  paid  by  the  mer 
chant  service  ;  hence,  up  to  the  present  moment  no  dif 
ficulty  has  been  experienced.  It  is  to  be  feared,  however, 
that  at  the  breaking  out  of  a  war,  when  there  would  be  a 
considerable  demand  both  for  the  naval  service,  and  for 
the  innumerable  corsairs  or  privateers  who  would  tender 
their  services,  besides  the  inducement  of  high  pay  and 
the  hope  of  rich  captives  :  it  is  to  be  feared,  that  much 
difficulty  would  be  experienced  in  equipping  the  navy. 
There  is,  however,  one  consideration  certainly  in  favor  of 
the  latter,  which  is,  that  as  a  war  cannot  be  undertaken 
unless  sanctioned  by  the  will  of  a  majority  of  the  people, 
an  unpopular  war  can  never  be  entered  into  by  the  United 
States  ;  but  if  the  people  desire  it,  upon  good  and  patriotic 
grounds,  they  very  well  know  how  to  set  about  it. 

I  must  here  observe,  that  the  military  service  does  not 
offer  such  great  inducements  to  people  of  so  turbulent  a 
character  as  the  American  sailors  to  enter  it.  Besides,  the 
discipline  on  board  ships  of  war  is  extremely  severe, 
more  so,  perhaps,  than  in  any  other  service  ;  and  this  I 
believe  to  be  absolutely  necessary,  in  order  to  bring  the 
American  sailor  to  a  forgetfulness  of  republican  equality, 
which  could  on  no  account  be  permitted  in  the  naval  ser 
vice,  without  the  most  imminent  danger. 

The  officers  of  the  navy  are  very  numerous,  particularly 
in  the  inferior  grades.  These  grades  are  the  same  as  in 
England.  The  officers  are  not  all  in  active  service,  either 
on  board  vessels  of  war,  in  the  arsenals,  dock-yards,  &c. 
There  are  some  en  disponibilite,  or,  as  we  say,  waiting 
orders,  who  have  received  an  order  from  the  minister  to 
repair  to  such  a  station,  and  there  to  hold  themselves  at 
the  disposition  of  the  government ;  they  there  receive  their 
full  pay,  but  are  allowed  no  rations.  Others  are  on  leave 
of  absence  for  a  determinate  period.  Others  again  are  in 


AMERICA  AND  THE  AMERICANS.  183 

absolute  conge,  receiving  no  pay,  and  remain  so  until  they 
apply  to  government  for  active  service.  When  they  are 
thus  on  leave,  they  may  dispose  of  themselves  and  their 
time  just  as  it  pleases  them.  For  example,  many  among 
them  command  merchantmen,  trading  to  China,  or  occupy 
themselves  in  any  other  industrious  pursuit.  So  long, 
however,  as  an  officer  belongs  to  the  naval  department  in 
some  shape  or  other,  he  can  neither  be  elected,  nor  can  he 
be  appointed  to  any  other  place. 

In  time  of  war,  the  commerce  of  America,  which  then 
becomes  partially  paralyzed,  furnishes  an  immense  number 
of  privateers.  The  schooners  of  Baltimore  (the  famous 
clippers),  during  the  last  war,  did  immense  mischief  to  the 
English  trade,  and  had  even  the  hardihood  to  advance  so 
far  as  between  the  coasts  of  England  and  Ireland.  This 
mode  of  warfare  would,  in  the  present  day,  be  considera 
bly  more  destructive,  should  hostilities  break  out ;  since 
the  merchant  service  has  increased  amazingly,  and  the 
past  experience,  from  the  immense  fortunes  made  in  that 
line,  would  be  an  additional  inducement  for  men  of  daring 
enterprise  to  pursue  that  system  of  warfare  immediately 
after  war  had  been  declared. 

The  merchant  marine  of  the  United  States  is  immense ; 
it  extends  to  all  seas.  To  those  who  have  seen  the  New 
York  and  Havre,  or  London  and  Liverpool  packet-ships,* 
it  were  unless  to  inform  them  that  they  are  the  most 
magnificent  vessels  of  their  class  afloat,  as  much  in  point 
of  construction,  as  in  rapidity  of  speed  and  in  materiel. 
They  are,  in  fact,  most  excellent  hotels,  traversing  the 
Atlantic  from  America  to  Europe  ;  in  them,  you  live  quite 
as  well  as  on  land,  for  the  same  sum,  and  you  may  be  said 
to  have  the  passage  absolutely  for  nothing.  The  certainty 
of  this  mode  of  communication  leaves  nothing  to  desire ; 

*  The  "  Devonshire"  is  remarkable  for  all  these  qualities,  in 
every  particular. — TRANS. 


184          AMERICA  AND  THE  AMERICANS. 

for,  of  the  2,160  voyages  which  these  vessels  made  during 
a  period  of  ten  years,  only  three  had  been  lost.  Their 
speed  is  incredible.  Some  years  ago,  in  New  York  on 
the  4th  of  January,  I  remember  to  have  seen  the  message 
of  the  President,  which  was  pronounced  at  Washington  on 
the  1st  of  December,  printed  in  a  Liverpool  journal  on  the 
16th  of  the  same  month.  These  examples  are,  however, 
rare,  the  average  passage  being  twenty  days  going  from 
America,  and  twenty-five  returning  from  Liverpool.* 

Hitherto,  the  United  States  have  had  but  two  wars  with 
the  European  Powers,  for  I  do  not  consider  the  declara 
tion  of  war  against  France,  in  1798,  in  that  light,  as  no 
consequences  resulted  from  it.  These  two  wars  were 
against  England  ;  in  both  of  which  the  Americans  claimed 
the  advantage.  I  am  aware  that  in  the  last  war  the  Eng 
lish  make  a  boast  of  taking  Washington,  and  having  burnt 
the  capitol ;  but  that  brilliant  exploit,  which  made  so  much 

*  What  would  Colonel  Mural  say,  had  he  lived  to  behold  the 
magnificent  Royal  West  India  and  Cunard  Mail  Line  of  steamers, 
the  electric  telegraphic  communications,  and  all  the  other  wonder 
ful  inventions  and  improvements  in  this  truly  wonderful  age  ?  The 
following  is  one  almost  incredible  instance  : — 

EXPEDITIOUS  TRAVELING. — An  American  merchant  left  New 
York  on  the  4th  of  April,  by  the  steamer  Canada.  On  the  19th 
he  was  at  Liverpool.  After  settling  affairs  at  this  place  and  Lon 
don,  he  was  at  Southampton  on  the  20th,  when  he  embarked  on 
board  the  steamer  Ripon,  for  Alexandria,  with  the  mails  for  India. 
On  the  15th  of  June  he  will  have  arrived  at  his  destination,  which  is 
Canton.  Thus  he  will  have  accomplished  the  voyage  from  America 
to  China,  which  is  a  distance  of  15,000  miles,  in  the  short  space  of 
seventy-two  days.  In  a  little  more  than  two  months,  he  will  have 
traversed  the  Atlantic  and  Indian  Ocean,  the  Mediterranean,  Red 
Sea,  and  China  Sea.  In  Europe,  he  will  have  seen  England, 
Gibraltar  and  Malta ;  Alexandria  and  Suetf,  in  Africa  ;  Arden? 
Ceylon,  Penang,  Singapore,  and  Hong  Koiig,  in  Asia.  And  hav 
ing  taken  his  departure  from  America,  he  will  have  been  in  the 
four  quarters  of  the  world  in  seventy-two  days  !  Such  an  example 
of  extraordinary  velocity  of  motion,  or  comet-like  traveling,  is 
without  example. 


..*IERICA    AND    THK    AMERICANS.  185 

noise  at  the  time  in  Europe,  in  order  to  be  appreciated  at 
its  real  value,  requires  only  to  be  made  known  in  all  its 
details. 

The  town  of  Washington,  although  it  be  the  official 
capital  of  the  United  States,  was  at  that  period,  an  insig 
nificant  town  of  seven  or  eight  thousand  inhabitants.*  The 
English  troops  who  were  afloat  in  the  Chesapeake  during 
the  night,  the  tide  being  in  their  favor,  ascended  one  of  the 
tributary  rivers  of  its  immense  bay,  and  in  the  morning, 
landed  a  few  miles  from  Washington. 

They  immediately  marched  upon  the  town,  where  they 
met  with  no  opposition  ;  for  the  two  or  three  hundred 
marines  who  were  stationed  there  evacuated  it  on  their 
approach,  and  had  retired  upon  Bladensburg,  six  miles  on 
the  road  to  Baltimore.  After  having  burnt  the  capitol,  or 
rather  the  few  articles  of  furniture  which  they  found  there 
(for  stone  walls  are  by  no  means  easily  burnt),  the  English 
army  marched  upon  Bladensburg,  where  they  defeated  the 
marines  and  the  few  militia  who  had  joined  them.  Flushed 
with  this  advantage,  they  continued  their  march  upon  Bal 
timore,  where  they  were  defeated  by  the  militia  of  the 
town,  and  had  a  general  killed.  This  expedition,  which 
had  cost  England  large  sums  of  money,  and  which  was 
designed  to  cause  a  powerful  diversion  in  the  center  States, 
entirely  failed  in  its  object ;  and  was  completely  destroyed 
in  less  than  eight  days  after  landing.  The  burning  of 
Washington  was  rather  favorable  to  the  American  cause, 
than  otherwise,  for  that  act  of  vandalism,  together  with 
the  outrages  committed  by  the  English  army  on  its  march, 
immediately  silenced  the  party  opposed  to  the  war,  and 
resulted  in  uniting  the  whole  nation  in  one  sentiment  and 
feeling  of  revenge,  thus  increasing  the  government  forces  an 
hundred-fold.  The  English  expedition  against  New  Orleans 
was  still  more  disastrous.  We  must,  however,  admit  that 

*  In  1840,  the  population  of  Washington  had  increased  to  23,364, 
— TRANS. 


186          AMERICA  AND  THE  AMERICANS. 

they  met  with  success  in  Canada  ;  a  success,  however, 
which  could  lead  to  no  advantageous  result,  and  which  may 
be  entirely  attributed  to  the  opposition  of  the  Federalists, 
then  in  the  way  of  all  the  measures  of  the  government, 
and  the  refusal  of  some  of  the  New  England  States  to  call 
out  their  militia,  when  demanded  to  do  so  by  the  President. 
But  of  what  avail  is  it  thus  to  review  these  two  campaigns  ? 
Does  the  vanquished  always  acknowledge  his  defeat  ? 
Hence,  amidst  so  many  contradictory  reports,  the  best 
means  of  forming  a  correct  judgment  of  success  in  war  is 
in  its  ultimate  result.  Still  feeble, — with  scarcely  a  popu 
lation  of  five  millions, — without  government  resources, 
army  or  navy,  America  induced  England  to  acknowledge 
her  independence,  while  George  the  Third,  surnamed 
"the  obstinate,"  was  obliged  to  receive  at  his  very  court 
that  same  Adams,  whom  he  had  denounced  as  a  rebel  and 
traitor,  as  the  first  ambassador  from  a  power  henceforth  des 
tined  to  rival  England.*  It  is  but  justice  to -state,  how 
ever,  that  the  assistance  of  France  contributed  much  to 
wards  the  success  of  the  first  war.  America  would  have 
ultimately  succeeded  alone,  but  it  would  have  cost  her 
immense  sacrifices,  and  a  much  longer  period  of  time  to 

*  It  is  any  thing  but  agreeable  to  perceive  the  illiberal  feelings 
evinced  (chiefly,  however,  by  the  prejudiced  and  uneducated  class) 
towards  England,  when  all  who  have  made  themselves  acquainted 
•with  the  history  of  the  period  must  know,  that  not  only  the  people 
of  England,  but  all  her  most  eloquent  senators  and  orators  were  in 
favor  of  America,  and  in  whose  cause  the  great  Chatham  died  on 
the  very  floor  of  the  House  of  Lords. 

That  the  Americans  were  unjustly  aggrieved,  wronged,  and 
oppressed,  is  a  fact  which  has  been  universally  acknowledged 
by  the  people  of  England  themselves.  Hence  the  censure  should 
apply  to  the  real  oppressor,  George  the  Third's  evil  genius,  the 
despotic  Lord  North  ;  whose  tyranny  at  the  present  day  no  nation 
would  submit  to.  Lord  North  may  be  compared  to  Pitt,  at  a  later 
period  of  our  history,  who  would  listen  to  no  terms  whatever  with 
Napoleon,  but  to  use  his  own  words,  "  coute  qui  coute,"  Bonaparte 
must  fall. — TRANS. 


AMERICA  AND  THE  AMERICANS.  187 

obtain  her  independence.  In  the  second  war  who  had  the 
advantage  ?  did  not  the  United  States  ?  Which  of  the 
two  parties  made  concessions  at  the  Treaty  of  Ghent  ?  it 
certainly  was  not  America.  England  recognized  her  limits, 
and  expressly  renounced  her  right  to  visit  her  vessels,  and 
press  her  seamen.  And  that  was  the  origin  of  the  war. 

I  imagine,  and  most  heartily  do  I  hope,  that  America 
will  be  many,  many  years  before  she  is  drawn  into  a  Euro 
pean  war.  The  United  States  are  now  too  powerful  to 
iear  any  of  them  ;  while  every  nation  possessing  a  mari 
time  commerce,  with  the  exception  of  England  (and  she 
would  be  wounded  in  her  heart's  core),  would  infallibly  see 
it  destroyed  should  they  molest  her. 

Hence,  with  this  view  of  the  matter  do  I  believe  that 
many  years  of  peace  and  prosperity  will  be  guarantied  to 
her. 


38fltrs  to 

THE  NAVY. 

"  The  world  has  furnished  no  example  of  a  flourishing  commerce 
without  a  maritime  protection ;  and  a  moderate  knowledge  of  man 
and  history  will  convince  any  one  that  no  such  prodigy  ever  can 
arise.  A  mercantile  marine  and  a  military  marine  must  grow  up 
together — one  cannot  long  exist  without  the  other." — JOHN  ADAMS 
—Message,  Nov.  28,  1797. 

"  It  were  indeed  a  vain  and  dangerous  illusion  to  believe,  that  in 
the  present  or  probable  condition  of  human  society,  a  commerce  so 
extensive  and  so  rich  as  ours  could  exist  and  be  pursued  in  safety 
without  the  continual  support  of  a  military  marine  ;  the  only  arm 
by  which  the  power  of  this  confederacy  can  be  estimated  or  felt  by 
foreign  nations,  and  the  only  standing  military  force  which  can 
never  be  dangerous  to  our  own  liberties  at  home.  A  permanent 
naval  peace  establishment,  therefore,  adapted  to  our  present  condi 
tion,  and  adaptable  to  that  gigantic  growth  with  which  the  nation  is 
advancing  in  its  career,  is  among  the  subjects  which  have  already 
occupied  the  foresight  of  the  last  Congress,  and  which  will  deserve 
your  serious  deliberations. ...The  rules  and  regulations  by  which  it 
is  governed  urgently  call  for  revision,  and  the  want  of  a  naval  school 
of  instruction,  corresponding  with  the  Military  Academy  at  West 
Point,  for  the  formation  of  scientific  and  accomplished  officers,  is 
felt  with  daily  increasing  aggravation." — JOHN  QUINCY  AEAMS — 
Message,  Dec.  1825. 

"  Reason  shows,  and  experience  proves,  that  no  commercial  pros 
perity  can  be  durable,  if  it  cannot  be  united,  in  case  of  need,  to  na- 


188          AMERICA  AND  THK  AMERICANS. 

Tal  force.  This  truth  is  as  well  understood  in  the  United  States 
as  anywhere I  cannot  refrain  from  believing  that  the  Anglo- 
Americans  will  one  day  become  the  first  maritime  power  on  the 
globe." — ALEXIS  DJE  TOCQUEVILLE. 

VESSELS  OF  WAB —  Oct.  1848. 

In  the  Pacific. — Ohio,  74  guns;  Congress,  44;  Independence, 
64;  Warren,  20;  Fredonia,  4;  St.  Mary,  20  ;  Dale,  16;  Lexington 
(store),  6  ;  Southampton,  4.  Commodore  T.  Ap.  C.  Jones,  com 
manding. 

Mediterranean. — United  States,  44  guns;  Marion,  16;  Taney, 
echooner,  3;  Princeton,  steamer,  9  ;  Alleghany,  do. ;  Erie  (store), 
4  ;  Supply  (store),  4.  Commodore  W.  Bolton,  commanding. 

Brazil  Coast. — Brandy  wine,  44;  St.  Louis,  20;  Perry,  10.  Com 
modore  G.  W.  Storer,  commanding. 

Jlfrican  Coast. — Portsmouth,  20  guns;  Jamestown,  20;  Deca- 
tur,  16;  Porpoise,  10  ;  Bainbridge,  10.  Commodore  Ben.  Cooper, 
commanding. 

Home  Squadron. — Raritan,  44  guns ;  Saratoga,  20 ;  John 
Adams,  20;  Albany,  20;  Germantown,  20;  Flirt,  2;  Iris  and  Wa- 
terwitch  (steamers),  each  1 ;  Electra  (store),  2.  Commodore  Wil 
kinson,  commanding. 

Coast  Survey. — Wave,  1 ;  Phoenix,  1;  Vixen  (steamer),  3. 
Lake  Service. — Michigan  (steamer),  1.  European  Seas. — St.  Law 
rence,  44.  East  Indies. — Plymouth,  20;  Preble,  16;  Dolphin,  10. 

Preparing  for  Sea. — (At  New-York)  Relief,  store  ;  (at  Boston) 
Constitution,  44;  (at  Norfolk)  Columbia,  44;  Vandalia,  20. 

Receiving  Ships  in  Commission. — Pennsylvania,  120  guns ; 
Franklin,  74 ;  North  Carolina,  74 ;  Ontario,  18  ;  Union  (steamer),  4. 
Vessels  in  Ordinary. — Columbus,  74;  Delaware,  74;  Potomac, 
44  ;  Savannah,  44  ;  Cyane,  20  ;  Constellation,  36  ;  Macedonian,  36 ; 
Vincennes,  20;  Falmouth,  20;  Fairfield,  20;  Levant,  20;  York- 
town,  16  ;  Petrel,!  ;  Mississippi  (steamer),  10;  Fulton  (steamer), 
4 ;  Cumberland,  44. 

Tenders. — Steamers  Engineer  and  General  Taylor. 

On  the  Stocks. — Alabama,  74  guns  ;  Vermont,  74 ;  Virginia,  74  ; 
New  York,  74 ;  New  Orleans,  74,  (at  Sacket's  Harbor,  Lake  Onta 
rio,)  ;  Santee,  44  ;  Sabine,  44  ;  Saranac,  44 ;  Susquehanna,  44  ;  Pow- 
hatan,  44;  also  4  first-class  steamers  at  Kittery,  Me.,  Brooklyn, 
Philadelphia,  and  Gosport. 

By  comparing  the  above  list  of  war  ships  with  annexed  lists  of 
officers,  a  pretty  correct  judgment  may  be  obtained  as  to  the  pro 
portion  they  bear  to  each  other.  In  1842,  in  Congress,  Mr.  Fillmore 
•'  believed  that  there  was  no  limitation  on  the  appointing  power 
with  reference  to  the  number  of  officers,  or  the  grade  to  be  given 
them  ;  of  course  there  was  but  little  responsibility." — There  are 
some  limits  now. 

We  have  b;  en  unable  to  find  any  official  list  of  the  officers,  crews, 
&c.,  of  the  several  ships.  The  Bureau  of  Construction  estimates  the 
pay  of  officers  and  seamen  for  1849  at  $2,600,000,  but  says  nothing 
as  to  the  number  of  men  and  boys,  nor  how  many  are  in  each  ship. 


Secretary  of  the  Navy — JOHN  Y.  MASON,  Virginia,  $6,000. 
Chief  Clerk,  Robert  W.   Young,   $2,000;  other    11  clerks,  at 


AMERICA  AND  THE  AMERICANS.          189 

$1 ,000  to  $1 ,500.     Estimate  of  the  expenses  of  the  Secretary's  office 
for  1848-9,  $24,790/ 

BUREAU  OF  NAVY  YARDS  AND  DOCKS. 

Chief,  Commodore  Joseph  Smith,  Ms.,  $3,500. — Civil  Engineer, 
W.  P.  S.  Sanger.Ms.,  $2,000.—  Five  Clerks,  &c.,  $700  to  $1,400; 
Six  Civil  Engineers,  at  New  York,  &c.,  at  $1,500  to  $2,500  each  ; 
Six  Agents,  for  preserving  live  oak,  at  $200  to  $2,000  each.  They 
asked  a  supply  of  $1,837,155  for  1849,  including  another  $350,000 
for  the  Dry  Dock  at  Brooklyn. 

BUREAU  OF  ORDNANCE  AND  HYDOGRAPHY. 

Chief,  Lewis  Warrington,  Va.  (who  took  the  Epervier,  April 
28, 1814),  $3,500;  Six  Clerks,  &c.,  at  $700  to  $1,200. 

BUREAU    OF  CONSTRUCTION,  EQUIPMENT,  ETC. 

Chief,  Charles  W.  Skinner,  Me.,  $3,000  ;  Ten  Clerks,  &c.,  at  $700 
to  $1,400.  Engineer,  C.  W.  Copeland,  Con.,  (at  New- York)  $2,500. 

Chief  Naval  Constructor,  Francis  Grice,  N.  J.,  (Washington) 
$3,000. 

Naval  Constructors,  $2,300  each— S.  M.  Pook,  Ms.,  (Boston); 
Benjamin  F.  Delano,  Ms.,  (Portsmouth);  Samuel  Hartt,  Ms., 
(New- York);  Samuel  T.  Hartt,  (Norfolk);  C.  G.  Self  ridge,  Ms., 
(Pensacola);  J.  Lenthall,  D.  C.,  (Philadelphia).  They  estimate 
the  expensesof  repairs  for  1849,  and  fuel,  at  $2,500,000;  and  for 
the  4  first-class  steamers  on  the  stocks,  $1,200,000.  They  value 
the  stores  on  hand  at  the  Navy  Yards,  July  1, 1847,  at  $6,158,858  ; 
besides  stores,  value  $1,940,558  under  the  care  of  the  Ordnance 
Bureau. 

ENGINEER  CORPS. 

Engineer-in- Chief,  Charles  H.  Haswell,  N.  Y.,  $3,000.  7  Chief- 
Engineers,  at  $1,200  to  $1,573.  49  Assistants,  at  $350  to  $973 
each. 

Naval  Storekeepers,  fyc.,  13  at  $1,400  to  $1,700  each— at  vari 
ous  stations. 

NAVY  AGENTS    AND    THEIR    STATIONS. 

Prosper  M.  Wetmore,  Con.,  New  York  ;  Joseph  Hall,  Boston; 
S.  D.  Patterson,  Pa.,  Philadelphia;  Joseph  White,  Ire.,  Baltimore  ; 
John  M.  Bell,  Tenn.,New  Orleans;  W.  Anderson,  Va.,  Pensacola  ; 
0  Cohen,  S.  C.,  Savannah  ;  George  Loyall,  Va.,  Norfolk  ;  S.  Gush- 
man,  Me.,  Portsmouth,  N.  H.  ;  W.  B.  Scott,  Md.,  Washington;  J. 
S.  Watkins,  Va.,  Memphis. 

BUREAU  OF  PROVISIONS  AND  CLOTHING. 

Chief,  Gideon  Welles,  Con.,  $3,000.  Six  Clerks,  &c.,  $700  to 
$1,400  each. 

Although  Secretary  Mason  states  that  there  are  but  8,000  men 
in  the  Navy,  this  bureau  makes  estimates  of  provisions  for  10,000, 
also  for  1,018  officers  in  the  sea  service,  and  1,113  marines, — total, 
4,427,815  rations  at  20  cents,  $885,563. 

BUREAU  OF  MEDICINE  AND  SURGERY. 

Chief,  Thomas  Harris,  Pa.,  $2,500.  Surgeon,  clerks,  and  mes 
senger,  $700  to  $1,400. 


190 


AMERICA  AND  THE  AMERICANS, 


In  the  American  navy  there,  are  five  commanders  of  squadrons, 
•with  the  rank  of  Commodore.  They  are  thus  distributed :  Home 
Station,  Coast  of  Brazil,  Pacific  Ocean,  Mediterranean  and  Coast 
of  Africa.  Their  pay  is,  in  service,  $4,000  per  annum;  on  other 
duty,  $3,500;  off  duty,  $2,500. 

There  are  eight  commanders  of  navy  yards  who  are  stationed  at 
Portsmouth,  Boston,  New  York,  Philadelphia,  Washington,  Nor 
folk,  Pensacola  and  Memphis.  Their  pay  is,  $2,100  per  annum. 

There  is  one  naval  asylum,  at  Philadelphia,  and  one  naval  school, 
at  Annapolis,  Maryland.* 

In  Sept.,  1847,  captains,  68;  natives  of  Va.  14,  Md.  11,  Pa.  10, 
N.  J.  6,  N.  Y.  6,  N.  E.  12,  S.  C.  2,  Eng.  2,  Ire.  1,  La.  1,  Ga.  1,  Del.  1, 
Ky-l. 

Of  the  above,  there  were,  senior  captains,  15  in  sea  service,  com 
manding  in  navy -yards  or  other  duty,  at  $4,500          .      $67,500 
Nineteen  on   leave   or   waiting  orders  (that   is,  doing 

nothing),  at  $3,500 66,500 

Five  captains  of  squadrons,  at  $4,073      .         .         .         .         20,365 
Nine  other  captains  at  sea,  &c.,  $3,500  .         .         .         .         31,500 
Twenty  other  captains  on  leave,   &c.    (that  is,  unem 
ployed),  at  $2,500 


Of  commanders,  ninety-seven,  viz. : 
Twenty-nine  in  sea  service,  at  $2,573     .... 
Twenty-three  in  navy-yards,  &c.,  at  $2,100    . 
Forty-three    waiting  orders,   or    absent   on   leave    (on 

shore,  doing  nothing),  at  $1,800  .... 


50,000 

$235,865 

$74,617 
48,300 

77,400 

$200,317 


327  LIEUTENANTS—  Oct.  1847. 


Of  whom  320  are  natives  of  the  U.  S.,  three  of  the  W.  I.,  two  of 
Ireland,  one  of  England,  one  of  Spain. 

17  lieutenants  commanding,  $1,873         .         .         .         .  $31,841 

154      do.         in  sea  service,  $1,573         ....  242,242 

61         do.         in  navy-yards,  &c.,  $1,500         .         .         .  91,500 
93        do.        waiting  orders  or  on  leave  of  absence  (that 

is,  ashore  and  unemployed),  $1,200      ....  111,600 

$477,183 

Now  that  the  quarrel  with  Mexico  is  settled,  the  number  of  idle 
lieutenants,  at  $1,200  a-year,  will  have  greatly  increased. 

SURGEONS — Oct.  1847. 

Surgeons  69  ;  Passed  Assistant  do.  33 ;  Assistant  do.  40. 

Of  whom  134  are  natives  of  the  U.  S.,  4  of  Ire.,  2  W.  I.,  1  Scot., 
1  Spain. 

There  are  some  20  rates  of  income,  from  $650  a-year  up  to 
$2,700,  with  $73  for  a  ration,  if  on  sea  service.  Suppose  the  aver 
age  of  the  142  to  be  $1,600,  and  we  have  $227,200  a-year  of  pay. 

*  The  original  charter  of  Maryland  was  granted  to  Lord  Baltimore,  in  1632. 
It  was  first  settled  by  Catholics,  in  1634,  at  St.  Mary's.  In  convention,  April 
33,  1783,  it  adopted  the  Constitution  of  the  United  States— yeas  63,  nays  12. 


AMERICA  AND  THE  AMERICANS.  191 

Of  the  surgeons  14,  and  of  the  assistant  do.  14,  were  unemployed, 
'  waiting  orders '  or  absent  on  leave.  This  was  in  war  times.  Some 
were  sick. 

TWENTY-FOUR    CHAPLAINS. 

18  at  $1,200,  on  duty  ;  6  at  £800,  ashore,  &c. 

SIXTT-FOTJR  PURSERS Oct.  1847. 

Samuel  Forrest,  D.  C.,  Ohio,  74  guns  ....  $3,500 

Edw.  T.  Dunn,  D.  C.,  Columbus,  74 3,500 

Wm.  Sinclair,  Ms.,  Cumberland,  frigate  ....  3,000 

Joseph  H.  Terry,  N.  Y.,  Brandy  wine,  fr 3,000 

Dudley  Walker,  Ms.,  Columbia,  fr 3,000 

Wm.  Speiden,  D.  C.,  Congress,  fr.  ...  .  3,000 

Horatio  Bridge,  Me.,  United  States,  fr 3,000 

Edw.  Fitzgerald,  Pa.,  Pennsylvania,  120  gs.  2,500 

B.  J.  Cahoone,  R.  I.,  North  Carolina,  74  ....  2,500 

T  P.  McBlair,  Md.,  Franklin,  74 2,500 

Sterrett  Ramsay,  Pa.,  navy-yard,  Pensacola,  .  .  .  2,500 

H.  W.Greene,  N.H.,  Razee  Independence  .  .  .  3,000 

Other  Pursers— 16  at  $2,000— $32,000.  14  at  $  1 ,500— $  21 ,000 
On  shore,  unemployed,  18,  at  $1,000  to  $1,800  each. 

Natives  of  U.  S.  63  ;  of  Ireland  1.  (Erie,  8  guns.) 

216  PASSED  MIDSHIPMEN — Oct.  1847. 

176  at  sea,  at  $823  .  .  .  $144,848 

12  various  duties,  at  $750  ....         9,000 

28  unemployed  or  sick,  at  $600  .  .       16,800 

$170,648 
Natives  of  the  U.  S.  214;  ofEng.  1,  (Madison  Rush;)  of  S.  A.  1. 

223  MIDSHIPMEN — Oct.  1847. 

If  in  sea  service  $473  a-year  ;  land  do.  $350 ;  on  shore  unem 
ployed  $300.  There  were  65  at  a  naval  school ;  24  were  "  waiting 
preparatory  examination."  On  an  average,  probably,  223  were 
receiving  $380  each,  including  one  ration  to  those  at  sea,  $84,740. 

Natives  of  the  U.  S.  221;  S.  A.  1;  Fr.  1. 

The  Act  of  Aug.  1848,  provides  for  the  appointment  of  464  mid 
shipmen,  who  are  to  be  taken  as  equally  as  possible  from  each 
Congressional  District,  (many  of  which  are  far  inland .')  Whether 
this  is  the  best  mode  to  encourage  and  reward  capable  young  sea 
men,  wherever  born,  is  a  matter  of  opinion.  More  than  180passcd- 
midshipmen  may  receive  pay,  under  a  suspension  of  the  Act*  of 
March  3,  1845. 

OTHER    NAVAL   OFFICERS    AND    AGENTS. 

31  Masters,  at  $750  to  $1,173  ;  147  boatswains,  gunners,  carpen 
ters,  and  sailmakers,  at  $500  to  $873  ;  21  professors  of  mathe 
matics,  at  $1,200— of  whom  11  were  unemployed,  Oct.  1847;  the 
Act  of  last  August  limits  their  number  to  12,  increases  their  wages 
to  $1,500,  with  a  ration,  value  $73,  when  on  duty,  and  half  pay,  or 
more,  when  idle. 


192  AMERICA    AND    THE     AMERICANS. 


MARINE    CORPS. 

Col.  Commandant,  Archibald  Henderson,  Va.,  (Brigadier  Gen. 
by  brevet;)  Major  P.  G.  Howie,  Va.,  Adjt. ;  G.  W.  Walker,  D  C., 
Paymaster  ;  A.  A  Nicholson,  S.  C.,  Quartermaster;  S.  Miller,  Ms., 
Lieut.  Col.— 4  Majors,  17  Captains,  24  First  Lieutenants,  23  Second 
Lieutenants.  Natives  of  the  United  States,  72  ;  Ireland,  1. 

The  pay  of  the  colonel  is  $75  per  month,  with  19  rations  and  al 
lowances  ;  and  the  sums  paid  under  the  name  of  rations  vary. 
Ex.  Doc.  1,  Dec.  1847,  has  the  estimate  for  1848-9  ;  75  commissioned 
officers,  pay  and  allowances,  $66,746;  324  sergeants,  corporals, 
drummers  and  fifers,  $40,296  ;  2,000  privates,  at  $7  per  month, 
168,000  ;  81  officers'  servants,  at  $8,50  per  month,  food  and  cloth 
ing,  $8,262;  extra  rations  to  officers  five  years  in  army,  $13,724. 
The  income  of  the  75  commissioned  officers  in  this  corps,  for  a  year, 
exceeds  the  income  of  1,000  of  the  privates  by  $7,732. 

NAVAL,    PENSIONS 

Amount  for  1846-7,  $123,232.  In  Ex.  Doc.  1,  Dec.  1847,  these 
allowances  are  given  in  full  detail.  A  seaman's  widow  gets  $6  a 
month  ;  a  commander's  widow,  $30;  a  lieutenant's  widow,  $25  ;  a 
captain's  widow,  $50  ;  a  marine's  widow,  $3,50.  Invalid  seamen, 
$1,50  to  $8,50  per  month  ;  a  commander,  $30  ;  a  lieutenant,  $25. 
It  is  just  to  uphold  those  who  are  maimed  and  broken  down  in  the 
naval  or  military  service. 

NAVAL,    EXPENDITURE. 

From  pages  314  to  321,  of  Ex.  Doc.  7,  Dec.  1847,  we  select  the 
following  particulars  of  payments  made  in  1846-7  : 

"  Pay  and  subsistence  of  the  Navy  ;"  both  are  blended  in  one  item, 
and  all" we  can  learn  is,  that  $2,847,445  were  paid  out,  through 
certain  pursers  and  navy  agents,  and  that  $1,523,253  remained  in 
the  hands  of,  we  know  not  who,  unexpended.  How  the  public  can 
judge  of  accounts  thus  presented,  we  see  not.  Pay  of  superinten 
dents,  $67,131,  is  next;  then  $746,329  for  provisions  ;  $62,599  for 
clothing;  surgeons'  necessaries  $49,772  ;  "  increase,  repair,  arma 
ment  and  equipment  of  the  navy,"  $1,601,325;  fuel  for  steam  ves 
sels,  $12,955.  Navy-yards  $727,278,  of  which  $325,000  were  laid 
out  in  New  York.  Contingent  expenses  of  the  navy,  $541,000  (no 
particulars);  books  and  maps,  $34,811;  relief  bills,  $113,881; 
Mexican  hostilities,  expended  $2,450,095  ;  pay,  provisions,  subsis 
tence,  clothing,  stores,  "for  the  Marine  corps,"  $294,052.  Fuel, 
transportation,  recruiting,  barracks,  and  contingencies,  marine 
corps,  $44,572.  In  all  $9,832,883  were  paid  out,  and  $3,409,052 
remained  on  hand,  to  another  year's  credit. 

In  Ex.  Doc.  1,  Dec.  1847,  Secretary  Mason  adverts  to  the  Act  of 
1846,  increasing  the  navy  to  10,000  men  and  says  its  numbers  in 
1847  did  not  exceed  8,000.  We  nowhere  find  an  official  statement 
of  the  men  on  board  each  ship,  but  a  clear  account  is  given  of  the 
marines  and  their  pay. 

Votes  in  Congress,  August  3,  1848,  for  year  1848-9.  Improve 
ments  and  repairs  at  navy -yard,  Portsmouth,  Va.,  $55,551 ;  do.  at 
Boston,  $97,351 ;  do.  at  New  York,  $106,000 ;  Brooklyn  Dry  Dock, 
$350,000  ;  for  land  to  be  bought  near  the  Brooklyn  Navy -yard  and 
the  Wallabout,  $285,000;  repairs,  &c.,  Philadelphia,  $14,500;  do. 


AMERICA  AND  THE  AMERICANS.          193 

at  Norfolk,  Va.,  $144,136;  do.  at  Pensacola,  $209,625  ;  do.  at  Mem 
phis,  $174,038 ;  at  Sacket's  Harbor,  $2,000  ;  $477,826  to  uphold  the 
marine  corps,  on  the  peace  establishment,  which  had  it  been  915, 
as  in  1817,  officers  included,  would  make  the  cost  $522  per  man  ; 
improvements  to  naval  school,  Annapolis,  $17,500;  towards  erect 
ing  floating  dry  docks  at  Philadelphia,  Pensacola,  and  Kittery  in 
Maine,  $400,000. 

NAVAL.    RANK    AND    SERVICE. 

Secretary  Upshur,  in  his  report  of  December  4,  1844,  says  : 

"  Additional  ranks  in  the  Navy  would  be  eminently  useful  as  an 
instrument  of  discipline.  The  post-captain  of  to-day  is  precisely 
equal  in  rank  to  the  oldest  post-captain  in  the  service.  He  feels 
his  equality  from  the  first  moment  that  he  attains  it,  and  at  the 
same  moment  the  disinclination  to  be  commanded  and  controlled  by 
his  equal  rises  with  him.  He  will  not  willingly  submit  to  learn  as 
a  scholar,  what  his  own  position  authorizes  him  to  teach.  He  looks 
to  a  separate  command  for  himself;  he  begins  to  lay  down  systems 
of  his  o  n,  and  turns  a  deaf  ear  to  the  lessons  of  experience  im 
parted  by  older  heads,  because  they  cannot  claim  any  higher  rank." 

The  New  York  Courier  Sf  Enquirer  proposed  one  Admiral,  four 
Vice-Admirals,  and  eight  Rear-Admirals,  in  1842,  to  begin  with,  at 
an  average  increase  of  pay,  each,  of  $2,000  or  $26,000  additional, 
yearly.  Are  $6,500  a-year,  in  addition  to  higher  rank,  essential 
as  means  of  securing  respect,  or  of  supporting  the  incumbent  and 
his  family  ?  Soon  after  Congress  declared  our  independence  of 
Europe  they  resolved  (Nov.  15,  1776,)  that  the  higher  grades  of 
rank  of  the  naval  officers  be  Admiral,  Vice-Admiral,  Kear-Ad- 
miral,  and  Commodore,  equal  to  those  of  General,  Lieutenant  Ge 
neral,  Major -General,  and  Brigadier-General,  in  the  land  service  ; 
but  they  never  appointed  an  Admiral. 

In  1842,  Mr.  Sprigg,  in  the  House  of  Representatives  said,  that 

"The  case,  as  he  had  learned  from  officers  of  experience,  was 
this  :  a  midshipman,  after  receiving  his  appointment,  went  to  sea 
for  two  or  three  years,  and  then  had  to  wait  on  shore  five  or  six 
years  before  he  was  made  a  lieutenant.  The  consequence  was, 
that  when  he  went  to  sea  again,  he  had  nearly  forgotten  what  little 
he  had  learned.  There  were  upwards  of  250  officers  '  waiting  or 
ders'  in  1841,  and  at  that  very  time,  when  there  was  not  enough  to 
do  for  those  already  in  commission,  140  more  were  appointed." 

Mr.  Elihu  Burritt  states,  that  from  1815  to  1823,  EIGHT  YEARS, 
there  were  28  Captains  whose  average  term  of  service  was  less 
than  two  years  ;  30  Commanders,  a  little  over  two  ;  172  Lieuten 
ants  less  than  three  and  a  half.  In  1845,  three  hundred  and  sixty- 
nine  naval  officers  were  on  shore,  unemployed,  waiting  orders. 

On  December  22,  1835,  Judge  Vanderpoel,  in  the  House  of  Rep 
resentatives,  said,  that 

"  Commissions  in  the  Army  in  the  time  of  peace,  were,  compara 
tively,  sinecures.  Barring  the  toilsome  and  honorable  expedition 
against  Black  Hawk,  and  an  occasional  chase  after  a  few  retreating 
and  predatory  savages,  what  has  your  army  done,  or  rather  what 
has  it  had  to  do,  since  the  peace  of  1815  ?  It  had  done  all  that  had 
been  required  of  it,  but  it  could,  in  the  nature  of  things,  have  but 
little  or  nothing  to  do.  Not  so  with  the  Navy — our  vast  and  grow- 
9 


194          AMERICA  AND  THE  AMERICANS. 

ing  commerce  mu-;t  be  protected,  the  pirate  must  be  driven  from 
the  ocean." 

Our  commerce  would  be  none  the  worse  protected,  were  merit 
made  the  passport  to  naval  promotion,  and  the  sons  and  other  rela 
tives  of  persons  in  office  allowed  to  take  their  chance  as  naval  ap 
prentices,  instead  of  being  nearly  the  only  class  allowed  to  rise  in 
the  service. 

NAVAL    PUNISHMENTS    AND    REWARDS — COURTS    MARTIAL 

FLOGGING. 

The  law  allows  a  citizen-sailor  to  receive  100  lashes  for  an  of 
fense  not  capital,  and  any  number  more  lashes  for  a  capital  offense, 
on  the  verdict  of  a  Court  composed  of  5  to  13  officers,  without  a 
jury:  and  although  the  Court  happen  to  be  divided  into  7  ayes  and 
6  noes.  The  act  of  August,  1848.  requires  an  annual  report  of  the 
number  of  sailors  flogged  in  each  ship,  stating  the  offense  and  how 
many  lashes  were  inflicted.  There  would  be  more  equity  in  such 
sentences  were  MERIT  the  only  passport  to  naval  promotion  ;  for, 
in  that  case,  officers  who  had  once  been  common  sailors,  suffered 
their  privations,  and  felt  as  they  feel,  would  be  iimpires.  But  the 
hardy  sailor,  to  whom  all  hope  of  promotion  is  denied,  is  tried  by 
a  jury,  not  of  his  equals,  but  of  his  officers,  who  monopolize  power, 
preferment,  large  incomes  and  high  honors.  This  sort  of  trial  oc 
casionally  subjects  seamen,  the  citizens  of  this  Republic,  to  be 
publicly  flogged  like  a  disobedient  hound,  but  no  commissioned  or 
warrant  officer  is  ever  flogged  for  any  offense. 

In  the  J\T.  Y.  Evening~£>tar,  of  July  16,  1840,  we  find  part  of  a 
note,  written  on  board  the  North  Carolina,  74  : 

"  Respecting  that  man  who  was  flogged  here  yesterday,  he  was 
seized  up  in  the  gangway  and  took  120  lashes  with  the  cats,  used 
by  three  boatswain's  mates,  without  a  flinch,  and  afterwards  vowed 
revenge  upon  the  authors  of  it,  clenching  his  fists  at  the  time  and 
laughing  as  if  nothing  had  taken  place,  and  I  think  he  is  a  very 
likely  person  to  fulfil  his  promise.  He  has  had,  altogether,  since 
his  six  years  in  the  service,  1020  lashes." 

A  few  years  since,  a  commander  in  the  Navy,  now  a  post-captain, 
and  in  the  receipt  of  $3,500  a-year,  was  tried  on  charges  of  op 
pression  and  cruelty,  for  striking  the  men  with  his  fists,  knocking 
them  down  and  stamping  upon  them,  and  inflicting  illegal  punish 
ments  with  the  cat  and  other  instruments  of  torture.  There  were 
eight  specifications,  and  ample  proof,  through  the  evidence  of  of 
ficers  of  undoubted  reputation.  His  brother  captains,  of  the  Naval 
Court,  sentenced  him  to  three  years'  suspension  without  rank, 
which  the  Executive  reduced  to  a  year,  through  the  influence  of  some 
members  of  the  Court  that  found  him  guilty.  Is  this  just  and 
equitable  ? 

When  Mr.  Calhoun  was  Secretary  of  War,  Congress  caused  some 
inquiry  to  be  made  relative  to  cases  of  wanton  cruelty  in  the  Army, 
and  the  publication  of  their  Keport  produced  for  a  time  the  best 
effects.  Mr.  C.  greatly  improved  the  practice  in  that  department. 
The  case  of  the  homers  is  still  fresh  in  the  public  mind,  although 
the  principal  actors  in  that  tragedy  are  no  longer  numbered  with 
the  living,  and  the  floggings  there  proved,  as  well  as  in  other  trials 
of  great  interest,  ought  to  have  produced  a  change  from  a  partial 
system  to  one  that  would  duly  check  both  officers  and  men. 


AMERICA    AND    THE  'AMERICANS.  195 

Prom  sentences  by  Courts  Martial,  or  proceedings  like  these  on 
board  the  Soraers,  even  if  unjust,  the  U.  S.  District  Court  at  New 
York  decided,  in  1843,  that  parties  aggrieved  had  no  remedy  by 
an  appeal  to  the  civil  tribunals  and  refused  to  "  arraign  the  par 
ties  accused  on  a  matter  touching  their  lives  ;"  nor  did  Congress 
interfere.  Our  naval  system  copies  British  usages  not  in  accord 
ance  with  our  Republican  Institutions.  Even  in  the  division  of 
prize  money,  the  whole  of  the  "  seamen,  ordinary  seamen,  marines 
and  boys,"  get  but  $35,000  among  them,  while  the  officers  divide 
#65,000,  where  the  prize  taken  is  $100,000. 

The  Act  of  April  21,  1806,  reduced  the  Navy  to  a  mere  handful 
— 13  captains,  9  commanders,  72  lieutenants,  150  midshipmen,  with 
enough  of  surgeons,  pursers,  &c.  ;  no  officer  to  get  more  than  half 
pay  unless  on  actual  service  ;  also  925  seamen  and  boys.  The 
Navy  now  bears  a  far  larger  proportion  to  the  whole  population, 
and  requires  the  utmost  attention  from  Congress. 

Were  rewards  more  plentiful  and  punishment  less  unequal  in 
the  Army  and  Navy,  especially  the  latter,  both  services  would  be 
gainers  in  efficiency.  Von  Miiller,  in  vol.  1  of  his  Universal  His 
tory,  tells  us,  that  in  ancient  Rome — 

"  The  soldier  who  had  saved  the  life  of  a  citizen,  who  had  killed 
his  enemy,  or  maintained  his  post  as  long  as  the  contest  continued, 
obtained  as  his  reward  the  civic  crown.  It  was  intended  that  each 
man  should  exert  himself  as  much  for  his  comrade  as  for  the  highest 
officer,  and  therefore  the  same  crown  was  the  only  reward  for  sav 
ing  the  life  of  a  General.  This  badge  was  worn  during  life,  and 
when  a  plebeian  entered  the  theater  with  it  on  his  head,  the  sena 
tors  arose  from  their  seats,  and  the  parents  of  the  fortunate  man 
obtained  an  exemption  from  all  taxes.  He  who  had  saved  the 
whole  Army  or  the  camp,  obtained,  by  the  decree  of  the  Senate 
and  the  people,  the  crown  of  grass.  When  the  younger  Decius, 
the  Consul  who  fell  heroically  in  the  war  of  the  Samnites,  obtained 
this  honor,  he  offered  to  the  gods  a  hundred  oxen." 

We  are  too  sparing  in  this  way.  A  brave  seaman,  who  signal 
ized  himself  on  board  the  Ocean  Monarch,  has,  it  is  true,  obtained 
special  marks  of  public  approbation,  but  what  gold  could  equal,  to 
a  true  American,  such  lasting  honors  as  the  civic  crown  and  the 
crown  of  grass,  or  their  equivalents  ? 

VESSELS    OF    WAft    IN    THE    UNITED    STATES    ITAVY,    AUGUST,  1848. 

Ships  of  the  Line,  11,  mounting,  Pennsylvania  144, 

others  74  each,  ....         884  guns. 

Independence,  Razee,         .  .  .  .  54     " 

Total,  .  ,  ,938 

Frigates,  1st  class,  12,  mounting  each  44,  .  528  guns. 

Do        2d    do       2,  do          36,    .  72     » 

Sloops  of  War,  22,  mounting,  sixteen  20,  one  18,  five  .16, 418     " 
Brigs,  4  mounting  each  10,  ...  40     " 

Schooners,  10;  Bomb  Vessels,  5;  Steamers,  (of  these  the  Missis- 
eippi  is  armed  with  11  Paixhans,)  14 ;  Store  Ships  and  Brigs,  6. 


196          AMERICA  AND  THE  AMERICAN'S. 

MARINE    CORPS. 

The  Marine  corps  has  the  organization  of  a  brigade,  and  novr 
numbers  58  commissioned  officers,  and  1,295  non-commissioned  of 
ficers,  musicians,  and  privates,  in  all  1,353  men. 

The  pay  and  allowances  of  the  officers  of  the  Marine  corps  are 
the  same  as  those  of  officers  of  the  same  grades  in  the  infantry  of 
the  Army,  except  the  Adjutant  and  Inspector,  who  have  the  same 
pay  and  allowance  as  the  Paymaster  of  the  Marines.  The  Marine 
corps  is  subject  to  the  laws  and  regulations  of  the  Navy,  except 
when  detached  on  service  with  the  Army  by  the  order  of  the  Presi 
dent  of  the  United  States.  The  head-quarters  of  the  corps  are  at 
Washington.* 

P.  S — Inclosing  these  chapters  on  the  subject  of  the  Army,  Navy, 
Marine,  &c.,  of  the  United  States,  I  have  derived  much  valuable 
information,  in  a  statistical  point  of  view,  from  "  The  American 
Almanac  for  1849,"  also  from  "  The  Whig  Almanac"  for  the  same 
year. 

*  According;  to  the  provisions  of  the  Act  of  March  yd,  1847.  the  Marine  corps, 
at  the  close  of  the  war,  was  reduced  as  above.  The  selection  of  the  officers  to 
be  dropped  was  made  by  a  board  of  start-officers  of  the  corps,  August  14th, 
1848.  and  approved  by  the  President,  August  17th,  1848. 


CHAPTER    IX. 

THE  INDIANS. 

Missionaries — President  Monroe's  Plan  of  Locating  the  Indian 
Tribes — Cooper's  "  Prairie  " — Sioux  Indians — Indian  Chief  Te- 
cumseh — Victory  of  General  Jackson — The  Government  of  the 
Indians — Mexico  and  America — Mr.  Austin  in  Texas— Ultimate 
Destiny  of  Mexico — Opinion  of  Buffon — Anecdote  of  the  Emperor 
Francis  of  Austria — Metternich  and  his  Model — Hungarian 
Bushmen — Character  of  the  Indian — His  Present  Condition — 
The  Indians— In  Constant  War  with  the  States — Its  Consequen 
ces — The  Indian  Question — Nubia — Abyssinia — The  Hindoos — 
Chinese — St.  Domingo — Mexico — State  of  Europe — Indians  of 
North  and  South  America — Georgia — John  Ross — His  Utopian 
System. 

THE  Indians,  in  their  relative  position  towards  the  United 
States,  are  not  undeserving  of  notice, — inasmuch  as  the 
Republic  is  more  or  less  unfortunately  constantly  engaged 
in  petty  warfare  with  the  various  tribes,  and  repelling  them 
from  the  frontiers  of  the  States.  An  attack  on  their  part 
brings  on  a  war,  followed  by  a  treaty  and  cession  of  ter 
ritory  ;  which  territory  is  sold,  and  becomes  rapidly  peo 
pled  ;  the  white  and  red  man  find  themselves  again  in 
communication  with  each  other ;  the  consequences  of 
which  are  invariably  a  dispute,  a  new  war,  and  again  a 
cession  of  territory ;  and  this  will  ever  continue  until 
civilization  is  carried  to  the  shores  of  the  Pacific  Ocean, 
and  the  Indian  race  becomes  ultimately  extinct. 

I  am  no  pseudo-philanthropist,  and  will  frankly  confess 
that  this  is  a  most  desirable  result.  It  is  a  question,  like 
many  others  of  its  nature,  of  which  they  have  not  the 
slightest  notion  in  Europe,  on  which  much  idle  nonsense 
is  discussed,  treating  it  with  that  morbid  sentimentality  so 
much  in  vogue  among  philosophers  at  the  end  of  the  last 


198  AMERICA    AND    THE    AMERICANS. 

century.  When  two  races  of  men,  differing  in  every  re 
spect  from  each  other,  in  social  and  moral  feeling,  find 
themselves  inhabiting  the  same  soil,  they  must  necessarily 
amalgamate  as  it  were,  or  the  one  be  subject  to  the  other, 
or  destroyed.  Let  us  reason  on  the  first  of  these  alterna 
tives,  which  has  been  the  result  of  all  our  conquests. 
The  Jews  are  the  only  people  who  have  continued  to  live 
in  an  isolated  state.  The  barbarians  who  invaded  Europe 
soon  became  amalgamated  with  the  conquered  ;  the  Tar 
tars  are  an  instance  of  this  with  the  Chinese,  and  this  was 
at  all  times  the  system  of  the  policy  of  the  Romans  ; 
although  in  all  cases  the  equality  of  race  was  maintained, 
they  were  of  a  white  or  yellow  complexion,  endowed 
with  an  equal  degree  of  intelligence  ;  and  in  the  event  of 
any  little  difference  existing  between  them,  it  arose  solely 
from  accidental  causes,  produced  from  the  effects  of  cli 
mate,  and  mode  of  living ;  there  was  no  radical  difference 
in  the  races. 

The  various  parts  of  the  world  were  originally  inhabited 
by  distinct  races  of  mankind,  each  of  which  was  more  or  less 
perfect ;  among  whom,  civilization  became  in  its  progress 
arrested  from  the  moment  the  intelligence  of  that  race 
acquired  all  the  development  of  which  it  was  susceptible : 
thus  we  see  the  negro  race  (if  we  may  form  our  opinion 
from  the  geological  position  of  the  continent  which  they  in 
habit — probably  the  most  ancient  in  the  world)  remaining 
in  a  state  of  comparative  barbarism  ;  especially  on  the 
coast  of  Guinea,  in  Nubia,  and  Abyssinia,  where  they  still 
live  in  the  same  manner  as  in  the  most  remote  periods  of 
antiquity,  and  where  the  state  of  slavery  and  the  traffic  in 
slaves  continues  as  heretofore  to  this  day.  The  present 
state  of  civilization  among  the  Indians  is  precisely  the 
same  as  that  of  the  days  of  Alexander ;  and  it  would  ap 
pear,  that  even  then,  they  had  already  arrived  at  a  state  of 
equilibrium  or  equality  as  regards  their  wants  and  faculties. 
China  may  be  viewed  in  the  same  light ;  the  Arab  race, 


AMERICA    AND    THE     AMERICANS.  199 

which,  although  white,  is  very  different  from  ours,  presents 
the  same  phenomenon  ;  from  the  time  of  Abraham  and 
Assuerus,  it  had  arrived  at  the  same  degree  of  equality. 
The  real  treasure  of  civilization  rests  with  the  European, 
to  whom  is  confided  the  charge  of  extending  it  throughout 
the  world.  Our  race,  however,  is  by  no  means  pure  ;  it 
is  the  fortuitous  result  of  a  mixture  of  races  crossed,  pos 
sessing  however  very  little  apparent  difference.  And  it 
becomes  a  question  to  ascertain,  whether,  if  in  crossing 
our  race  with  another  of  a  less  perfect  character,  the  cause 
of  civilization  would  gain  or  lose  ?  It  is  useless  to  reason 
in  support  of  opinions,  in  proof  of  which  we  cannot  ad 
vance  the  testimony  of  past  experience.  My  own  personal 
opinion,  however,  founded  on  the  knowledge  I  have  formed 
of  the  many  men  of  the  mixed  American  races  is,  that  we 
gain  nothing  from  this  amalgamation,  and  this  experience 
has  proved  over  and  over  again,  ever  since  the  existence 
of  the  world. 

In  St.  Domingo,  the  white  and  black  race  will  have 
totally  disappeared  in  two  or  three  generations ;  while  in 
course  of  time,  the  population  will  consist  entirely  of  mu- 
lattoes  of  a  uniform  complexion.  The  same  will  be  the 
case  in  all  the  Antilles  or  West  India  Islands,  with  this 
difference,  however,  that  each  will  vary  in  color  according 
to  the  proportion  existing  in  the  elementary  castes.  In 
Mexico,"  the  red  race  predominates,  there  being  many 
more  whites  than  negroes.  The  Mexican  complexion  will 
therefore  be  in  a  few  generations  a  proportionate  medium 
between  the  three  castes.  This  applies  to  the  whole  of 
South  America,  each  State,  however,  having  these  three 
elements  in  very  different  proportions.  For  example, 
there  will  exist  much  greater  difference  between  a  Mexi 
can  and  an  inhabitant  of  Guatemala  (where  the  negroes 
and  red  people  are  in  equal  numbers,  and  infinitely  supe 
rior  to  that  of  the  whites),  than  between  a  Spaniard  and 
an  Englishman  of  the  present  day.  This  will  ever  tend 


200  AMERICA  AND  THE  AMERICANS. 

to  separate  the  different  States  of  South  America,  although 
the  whole  of  them  emanate  from  one  common  origin,  and 
are  bound  by  the  ties  of  language  and  religion. 

While,  however,  the  experience  arising  from  this  cross 
ing  of  different  races  is  on  an  extensive  scale,  I  look  for  a 
contrary  result ;  that  of  maintaining  our  white  race  in  all 
its  purity,  and  placing  it  under  the  most  favorable  circum 
stances,  with  all  due  regard  to  the  development  of  all  its 
physical  and  intellectual  faculties. 

So  long  as  the  inhabitants  of  the  Antilles  will  fall  back 
into  their  primitive  state  of  barbarism,  and  abandon  the 
experience  and  comforts  of  life  which  civilization  has 
taught  them,  —so  long  as  South  America  retrogrades  in 
civilization,  as  has  been  the  case  ever  since  she  threw  off 
the  Spanish  yoke, — so  long  as  ancient  Europe,  a  prey  to 
intestine  commotion  with  its  kings,  nobility,  and  clergy 
shall  make  vain  efforts  in  order  to  disengage  themselve 
from  the  shackles  which  these  monarchical  institutions  im 
pose  upon  them,  and  the  civilization  of  Europe, — so  long 
as  they  are  threatened  by  an  invasion  of  Basquirs  and 
Calmouc  Tartars,  I  would  look  into  the  future  and  see  the 
white  man  free — without  obstacle  to  his  mind  or  genius, 
going  forth  in  all  the  pride  of  conscious  supremacy — ex 
ercising  that  mind  on  the  true  principles  of  civilization — 
improving  the  same — living  in  peace  with  all,  and,  as  a 
reward  for  his  industry  and  toil,  living  in  the  enjoyment  of 
abundance,  luxury,  and  the  arts.  For  the  accomplishment 
of  this  result,  however,  nature  must  here  undergo  a  change  ; 
her  forests  give  place  to  towns  and  capitals,  and  the  red 
man  disappear  or  become  civilized. 

The  second  alternative  is  impossible,  or  at  least  can  ex 
ist  but  a  few  years.  The  Spaniards,  however,  acted  upon 
this  principle  in  all  their  colonies  :  they  conquered  the  red 
race,  and  subdued  them  to  a  complete  state  of  slavery, 
which,  however,  was  not  of  long  duration,  for  a  mixed 
race  soon  succeeded  as  a  natural  consequence.  It  would 


AMERICA  AND  THE  AMERICANS.  201 

be  folly  to  suppose  for  one  moment,  that  the  United  States 
could  altogether  subdue  the  Indians.  Those  of  the  Mex 
ican  islands  and  Peru,  were  cowardly  and  effeminate,  and 
were  made  for  subjection  ;  but  the  Indians  of  North  Ame 
rica  are  brave,  manly,  and  warlike  to  a  degree.  You 
may  kill  them,  or  put  them  to  torture  ;  but  to  compel 
them  to  work,  or  draw  tears  from  them, — never  !  Even 
those  among  them  who  are  half  civilized  and  cultivate  the 
land,  do  not  work  themselves,  but  through  the  hands  of 
their  negroes :  this  repulsive  feeling  for  work  exists  in 
those  sprung  from  the  Indian  and  white  race.  1  know  none 
who  would  engage  in  manual  labor,  while  those  among 
them  who  have  received  a  good  education  either  live  a 
life  of  listless  idleness,  or  become  preachers,  rather  than 
devote  their  services  to  commerce  or  the  bar. 

There  hence  arises  the  third  or  last  alternative,  that 
of  exterminating  the  race.  Upon  this  point  I  wish  to 
come  to  a  proper  understanding.  Believe  not  for  a  mo 
ment  that  I  would  countenance  the  horrible  massacre 
committed  by  the  Spaniards,  in  St.  Domingo  and  Cuba  ; 
imagine  not  that  I  would  preach  a  crusade  against  the  red 
man,  and  make  the  forest  resound  with  the  cries  of  its 
victims, — never  !  I  apply  the  term  to  the  race,  not  the 
individuals,  for  experience  in  the  United  States  has  proved 
that  the  best  means  of  accomplishing  this  object  is  to 
treat  the  Indians  well,  and  teach  them  civilization.  The 
result  of  which  is,  that  they  commence  a  life  of  peace  and 
prosperity,  while  the  race  becomes  extinct. 

The  plan  which  the  United  States  has  followed  up  to 
the  present  day,  after  having  conquered  an  Indian  tribe, 
has  been  to  disseminate  it  over  a  fertile  country  of  tenfold 
extent  more  than  sufficient  to  the  wants  of  a  population 
supported  by  agriculture.  In  this  park,  which  is  called  a 
reserve,  admission  to  which  is  forbidden  to  every  white 
person,  they  are  supplied  with  cattle,  agricultural  instru 
ments,  a  forge,  &c.,  while  missionaries  are  allowed  to 
9* 


202  AMERICA  AND  THE  AMERICANS. 

establish  productive  farms,  known  by  the  name  of  stations  ; 
nothing  prevents  these  Indians  from  becoming  rich  and 
happy,  which  they  generally  are  ;  they  allow  their  cattle 
to  wander  in  the  woods  and  live  chiefly  upon  them.  The 
women  not  unfrequently  cultivate  small  spots  of  land,  and 
make  shoes  of  deer-skin  ornamented  with  glass  pearls, 
also,  baskets,  which  they  sell  to  their  white  neighbors  ; 
the  men  hunt  and  sell  the  skins  of  the  animals  killed  in  the 
chase  :  notwithstanding  all  this,  however,  at  the  end  of 
two  or  three  generations  these  tribes  wholly  disappear.  I 
have  here  described  the  Indian  tribes  of  the  North  ;  in  the 
South,  however,  they  are  of  a  totally  different  character. 
The  Indians,  thus  divided,  belonged  to  very  considerable 
tribes,  and  were  already  sufficiently  accustomed  to  the  habits 
of  the  white  people,  so  much  so,  that  they  have  often  alarm 
ed  the  Spanish  governors  of  Pensacola,  St.  Augustin,  and 
Mobile.  They  kept  up  a  considerable  commercial  trade 
with  the  English  merchants  established  in  those  towns, 
and  possessed  a  large  quantity  of  cattle,  and  above  all, 
runaway  negroes  from  the  United  States,  whom  they  had 
captured  and  appropriated  to  their  own  use.  Many  white 
people  taken,  or  refugees  from  the  laws,  were  located 
among  them,  allured  by  the  security  which  Indian  hospi 
tality  offered  them,  in  the  privilege  of  marrying  as  many 
women  as  they  pleased,  and  above  all,  by  the  ambition  of 
playing  a  political  part  among  the  tribes.  Their  marriages 
gave  rise  to  the  birth  of  a  great  many  mesticos,  some  of 
whom  were  well  brought  up.  These  latter,  together  with 
the  chiefs  who  possessed  a  great  many  slaves,  as  well  as 
the  missionaries  who  instructed  them,  became  rich,  while 
the  mass  of  the  tribe  diminished  in  like  manner  as  those 
of  the  North,  situated  under  similar  circumstances.  All 
would  have  continued  to  pass  off  quietly  in  this  manner  : 
the  Indian  race  would  have  become  extinct  through  its 

O 

reserves;  chiefs  and  mesticos  become  rich  proprietors  of 
the  soil,  and  citizens  would  have  mixed  with  the  whites, 


AMERICA  AND  THE  AMERICANS.  203 

like  rivers  with  the  ocean,  which  could  have  had  no  influ 
ence  with  the  race.  / 

So  long  as  the  increase  exists  between  white  men 
and  women  of  color,  and  white  women  remain  in  their 
purity /the  white  race  will  not  suffer.  While  on  the  con 
trary,  all  mesticos  and  mulattoes  may  be  looked  upon  as  so 
many  gained  over  from  the  enemy. 

Unfortunately  the  great  tribes  of  the  South,  such  as  the 
Creeks  and  Cherokees,  for  the  most  part  inhabit  the  terri 
tory  of  Georgia.  Formerly  this  State  extended  from  the 
ocean  to  the  Mississippi,  but  it  has  now  surrendered  the 
whole  country  of  the  west,  to  a  certain  extent,  to  the 
United  States,  which  has  since  formed  the  States  of  Ten 
nessee,  Alabama,  and  Mississippi.  This  cession  was  made 
to  the  United  States  contrary  to  the  guaranties  of  right  of 
.property  which  the  State  of  Georgia  possessed,  and 
reserved  to  itself,  over  all  the  vacant  lands  within  its 
limits.  On  the  other  hand,  however,  when  the  Indians 
were  located  in  their  reserves,  the  United  States  solemnly 
pledged  themselves  to  defend  them  from  all  aggression, 
and  maintain  them  in  the  possession  of  their  reserves, 
unless  they  voluntarily  renounced  them. 

The  State  of  Georgia,  which  is  certainly  the  worst 
governed  State  throughout  the  Union,  has  adopted  a  very 
extraordinary  mode  of  disposing  of  public  lands ;  instead 
of  selling  them,  and  thereby  adding  to  the  revenue,  they 
establish  an  annual  lottery  in  favor  of  all  citizens  who  be 
come  of  age,  so  that  there  exists  among  the  people  of  this 
State,  who  are  naturally  of  a  turbulent  character,  an  inor 
dinate  thirst  for  the  possession  of  these  lands. 

All  other  lands  which  originally  belonged  to  the  State 
having  been  disposed  of  in  this  manner,  there  now  only 
remain  those  belonging  to  the  Indians,  viz.,  the  reserves, 
which  amount  to  some  million  of  acres. 

The  State  of  Georgia,  relying  on  its  contract  of  cession 
to  the  United  States,  demands  the  possession  of  these  re» 


204  AMERICA  AND  THE  AMERICANS. 

serves  and  its  right  to  dispose  of  them.  The  Indians,  on 
their  part,  relying  on  their  treaty  with  the  United  States, 
are  opposed  to  this  ;  hitherto  the  affair  might  be  arranged 
without  difficulty,  for  although  these  Indian  tribes  estab 
lished  in  Georgia  form  a  population  of  about  15,000  souls, 
there  is,  perhaps,  not  above  100  families  among  them 
(almost  all  of  mixed  blood)  who  cultivate,  and  are  estab 
lished  on  the  soil  with  their  negroes. 

They  would  have  become  easily  disinterested,  on  giving 
to  each  as  much  land  as  he  desired.  The  rest  of  the  nation 
are  perfectly  indifferent  whether  they  live  in  Georgia  or 
on  the  other  side  of  the  Missouri ;  they  have  no  interest 
whatever  in  the  soil.  But  what  renders  the  question  in  a 
measure  complicated,  and  of  a  serious  character,  is,  that  the 
mesticos  having  a  certain  John  Ross  at  their  head,  a  man 
of  much  merit,  and  well  brought  up,  and  ambitious  withal, 
wished  to  raise  themselves  into  an  independent  nation, 
under  the  shadow  of  a  representative  government,  and  to 
establish  laws  and  tribunals.  I  say  a  shadow  of  a  repre 
sentative  government,  because  it  exists  only  in  name, 
and  is  only  the  means  which  Ross  and  his  companions 
adopt,  in  order  to  mislead  the  philanthropists  and  simple 
tons  of  the  North.  The  truth  is,  that  under  cover  of  this 
delusion,  he  and  his  associates  govern  the  Indians  in  a  most 
despotic  manner.  Besides,  it  can  hardly  be  possible  either, 
that  the  United  States,  or  the  State  of  Georgia,  would 
allowr  of  an  independent  government  being  established  in 
the  very  heart  of  the  Union. 

The  Indian  tribes  are  not  looked  upon  in  the  light 
of  foreign  powers,  nor  are  they  recognized  as  rightful 
possessors  of  the  soil  on  which  they  are  established  ;  they 
are  more  considered  as  temporary  occupants  of  the  dis 
tricts  in  which  they  locate  themselves,  under  the  protec 
tion  and  guardianship  of  the  United  States.*  This  ques- 

*  It  must  be  remembered  that  these  observations  apply  to  the 
State  of  Georgia  in  the  year  1832. 


AMERICA  AND  THE  AMERICANS.  205 

tion  becomes  the  more  important  from  the  influence  exer 
cised  by  the  missionaries.  It  is  they,  who,  in  order  to 
preserve  the  handsome  farms  which  they  have  established, 
foment  discord  among  the  white  population,  and  induce  all 
the  religious  societies  of  which  I  have  made  mention  to 
take  the  part  of  the  Indians. 

To  overcome  this  difficulty  and  avoid  a  recurrence  in 
the  future,  Mr.  Monroe,  during  the  period  of  his  presi 
dency,  conceived  a  gigantic  plan,  which,  although  it  has 
not  been  altogether  put  in  practice,  has,  however,  since 
served  as  a  general  basis  for  the  conduct  of  the  United 
States  towards  the  Indians.  It  is  upon  the  following  prin 
ciple  : 

Between  the  Missouri  and  the  Rocky  Mountains,  which 
separate  the  great  valley  of  the  Mississippi  from  the  Pacific 
Ocean,  there  exists  an  immense  country  where  the  whites 
have  scarcely  yet  located  themselves.  The  eastern  slope 
of  the  Rocky  Mountains  is  thickly  wooded,  and  equal  in 
fertility  to  the  western  slope  of  the  Alleghany ;  but  from 
the  foot  of  the  Rocky  Mountains  to  the  Missouri,  the 
country  presents  one  immense  plain,  slightly  undulating, 
showing  the  appearance  of  the  sea  after  a  storm,  and 
wholly  devoid  of  forests  ;  the  land  is  however  fertile,  a 
beautiful  species  of  grass  there  grows  in  great  abundance; 
the  banks  of  the  streams  and  rivers  which  irrigate  the 
plain  in  all  directions  are  the  only  locality  where  wood  is 
found.  For  a  more  graphic  description,  however,  I  will 
refer  you  to  the  romantic  narrative  of  Cooper,  in  his 
"Prairie."  This  country  is  inhabited  by  innumerable 
troops  of  horses  and  buffalo  herds,  which  supply  the 
numerous  wild  Indian  tribes  as  food  and  for  traveling. 
Mr.  Monroe  proposed  to  induce  all  the  Indian  tribes  to  the 
East  of  the  Missouri  to  pass  to  the  other  side  of  that  river, 
where  the  United  States  undertook  to  assure  to  each  of 
them  a  reserve  in  perpetuity,  and  to  establish  among  them 
one  or  more  governments  on  the  same  plan  as  those  of  the 


206          AMERICA  AND  THE  AMERICANS. 

territories,  until  such  time  as  these  nations  should  be  suffi 
ciently  advanced  in  civilization  to  form  States  and  become 
a  part  of  the  general  confederation.  According  to  this 
plan,  the  immense  prairie  was  to  be  forbidden  ground  to  the 
white  people,  and  the  new  States  which  would  thus  be 
speedily  created  on  the  two  slopes  or  sides  of  the  Rocky 
Mountains,  would  be  isolated  from  their  kindred  of  the 
East  by  a  red  population.  This  result  ought  to  be  at  least 
partially  effected,  for  since  the  countries  devoid  of  forests 
present  less  facilities  for  the  formation  of  a  new  settlement 
than  those  thickly  wooded,  it  is  probable  that  the  forests 
of  the  eastern  slope  of  the  Rocky  Mountains  would  be 
peopled  before  the  prairie  separating  it  from  the  Mis 
souri. 

The  United  States  have  already  succeeded  in  transport 
ing  many  Indians  to  this  prairie,  and  now  in  all  treaties  en 
tered  into  with  them,  it  is  always  to  this  quarter  that  they 
direct  the  steps  of  the  emigrant.  The  mesticos  of  Georgia 
having  refused  to  enter  into  any  treaty  with  the  govern 
ment  of  the  United  States  for  a  cession  of  their  lands,  the 
government  has  begun  individual  negotiations  with  the  In 
dians,  and  notwithstanding  the  penalty  of  death  pronounced 
by  the  laws  of  Ross  against  all  those  who  consent  to  emi 
grate,  it  has  succeeded  in  inducing  many  thousands  among 
them  to  take  this  course,  and  will  probably  ultimately 
succeed  with  all  of  them.  Then,  when  there  will  no 
longer  remain  but  a  few  dissatisfied  or  mutinous  chiefs 
in  the  reserves,  and  the  great  mass  of  the  nation  will 
have  emigrated,  the  State  of  Georgia  will  take  quiet  pos 
session  of  the  disputed  territory. 

This  plan  of  Mr.  Monroe's,  however  plausible  it  may 
appear  on  paper,  is  surrounded  by  the  greatest  dangers. 
The  tribes  inhabiting  the  prairie  are  very  different  from 
those  located  on  the  shores  of  the  ocean.  They  are  much 
more  numerous,  more  warlike,  and  are  yet  ignorant  of  the 
power  of  the  white  man. 


AMERICA  AND  THE  AMERICANS.          207 

The  Sioux  nation,  alone,  numbers  from  10  to  12,000 
mounted  warriors,  armed  with  lances  and  arrows,  true 
Tartars  of  the  western  plains.  We  will  suppose  such  a 
force  opposing  the  efforts  of  civilization  with  an  intrepid 
leader  like  Ross,  for  example.  They  might  do  incalcu 
lable  and  irreparable  injury  to  the  United  States  long  before 
we  could  collect  a  force  sufficient  to  oppose  them  with  suc 
cess  or  exterminate  them.  I  even  believe,  that  under  a  skillful 
and  daring  leader  they  could  advance  as  far  as  Washington, 
just  as  the  Gauls  arrived  at  Rome.  At  present  these 
nations  are  ignorant  of  their  own  strength,  are  disunited, 
and  are  perpetually  destroying  each  other  in  intestine  wars. 
They  attack  the  extreme  frontiers  of  the  United  States 
only  in  an  isolated  sense,  and  without  any  other  object 
than  that  of  the  sudden  pillage  of  some  new  settlement.* 
They  could  be  easily  conquered  in  detail,  and  if  the  plan 
which  has  been  hitherto  pursued  were  continued,  each 
tribe  being  confined  to  its  own  reserve  and  surrounded  by 
white  people,  they  would,  at  the  end  of  two  or  three 
generations,  become  either  extinct  or  absorbed.  If  the 
tide  of  civilization,  however,  continue  to  encroach  upon 
them,  the  population  will  soon  find  itself  concentrated  or 
condensed  instead  of  remaining  in  ignorance  of  its  strength, 
and  will  become  instructed  by  the  half  civilized  Indians 
whom  they  will  transport  among  them.  A  government 
should  be  organized,  people  of  intellectual  merit  sent 

*  The  following  passages  I  extract  from  the  "  New  York  Herald" 
of  the  8th  of  June : — "  A  lengthy  account  from  Corpus  Christ! 
gives  a  statement  of  Indian  depredations  between  the  Nueces  and 
the  Rio  Grande.  They  had  entered  the  town  of  San  Patricio  on  the 
18th  May,  and  stolen  a  number  of  horses  and  large  quanti 
ties  of  goods.  Colonel  Kinney  with  another  man  and  a  number  of 
Mexicans  were  killed ;  the  Indians  then  crossed  the  river  into  the 
town  of  Camargo,  and  killed  several  persons.  They  also  drove  off 
the  horses  and  cattle."  On  another  occasion  the  Indians  attacked 
a  large  convoy,  carrying  off  all  the  women  and  children,  together 
with  a  thousand  horses,  cattle,  &o. 


208  AMERICA  AND  THE  AMERICANS. 

among  them,  endowed  with  an  equal  degree  of  enterprise 
as  Ross,  and  we  should  soon  behold  other  clouds  of  Huns, 
guided  by  another  Attila,  invading  the  civilization  of  the 
West.  At  the  period  of  the  last  war  all  must  have  heard 
of  the  famous  chief  Tecumseh,  who,  assisted  by  his 
brother  Francis,  the  prophet,  under  the  protection  of  the 
English,  succeeded  in  preaching  a  crusade  and  forming  an 
alliance  among  all  the  tribes  against  the  whites,  who,  from 
the  Canadian  lakes  bordering  on  the  British  possessions 
advanced  as  far  as  Florida,  where  they  were  joined  by  the 
Spaniards.  It  was  this  formidable  league  which  compelled 
General  Jackson  to  possess  himself  of  the  Floridas ;  and 
it  was  in  consequence  of  his  victory,  in  1818,  that  the 
different  tribes  found  themselves  again  isolated  from  each 
other,  and  carefully  held  in  check  from  the  western 
prairies.  If,  at  the  present  day,  the  desire  to  possess  their 
lands  and  the  little  inconvenience  wrhich  these  hosts  occa 
sion  their  neighbors,  should  decide  the  government  on 
compelling  them  to  emigrate  altogether,  the  league  of  the 
red  man,  a  hundred  times  more  numerous  and  powerful, 
would  soon  be  reorganized,  while  the  government  would 
find  itself  engaged  in  a  secular  war,  which  would  compel 
it  to  keep  on  foot  a  very  considerable  regular  army,  the 
cost  of  the  maintenance  of  which  in  a  comparatively 
desert  country  would  be  enormous,  and  would  have  a  ten 
dency  to  check  the  progress  of  civilization  in  the  West, 
lay  open  its  frontiers  to  pillage,  fire,  and  massacre,  and, 
after  all  this,  could  only  end  in  the  total  extermination  of 
one  of  the  two  races  by  fire  and  sword. 

And  who  knows,  but  that  this  powerful  Indian  league 
might  not  meet  the  concurrence  and  support  of  Mexico  ? 
Already  the  two — Mexican  and  American — civilizations 
begin  to  approach  each  other.  A  caravan  trade  is  carried 
on  between  St.  Louis  and  Santa  Fe  in  New  Mexico.  On 
the  sea  shores,  Mr.  Austin,  a  conqueror  in  a  new  sphere, 
devoted  himself  to  the  separation  of  Texas  from  the  Mex- 


AMERICA  AND  THE  AMERICANS.          209 

lean  Union,  in  order  to  bring  it  in  affinity  with  that  of  the 
American  Confederation.  His  mode  of  conquest  was  of  quite 
a  novel  character  ;  it  consisted  in  transporting,  under  the 
authority  of  the  Mexican  government,  to  a  territory  subject 
thereto,  a  whole  population  of  Americans,  which,  as  soon 
as  it  became  sufficiently  numerous  to  form  a  State,  it 
might,  if  it  deemed  fit,  declare  itself  independent  of 
one  Federal  Union,  and  unite  itself  with  the  other.  But 
it  may  be  argued, — What  can  Mexico  do  in  her  present 
actual  state  of  disorganization,  divided  as  she  is  by  intes 
tine  commotion,  against  a  nation  so  well  organized,  and  so 
compact  as  the  United  States  ?  The  state  of  anarchy  ex 
isting  in  Mexico  cannot  always  last.  Among  the  number 
of  generals  disputing  for  the  supreme  power,  and  who  get 
up  and  dispose  of  elections  at  the  point  of  the  bayonet, 
some  man  of  exalted  genius  will  arise  who  will  conquer 
his  rivals,  put  an  end  to  discord,  destroy  the  republic,  and 
establish  a  military  government ;  this  will  be  the  result 
sooner  or  later,  and  to  this  end  the  whole  of  Spanish 
America  is  gravitating.  As  soon  as  peace  shall  have  been 
established  internally,  she  must  necessarily,  in  order  to 
avoid  self-dissolution,  occupy  her  army  in  distant  expedi 
tions.  Not  for  the  sake  of  attacking  the  Indians,  for 
nothing  is  to  be  gained  by  a  war  with  them,  who  are 
rather  their  natural  allies.  More  than  three-fourths  of  the 
Mexican  army  are  of  the  red  race.  She  must  endeavor 
to  reconquer  Texas  by  physical  force  ;  in  which,  were  she 
assisted  by  an  Indian  confederacy,  she  might  place  the 
United  States  in  a  dangerous  position,  or,  at  least,  draw 
them  into  a  long  and  perhaps  disastrous  war.*  Let  us 

*  It  must  be  borne  in  mind  that  these  notes  were  penned  before 
the  war  with  Mexico,  which  throws  all  these  chivalrous  notions  and 
problematical  s  into  the  shade.  Since,  it  has  been  seen  that  Mexico 
is  incapable  of  defending  herself,  much  less  of  reconquering  Texas; 
and  judging  from  the  melancholy  result  of  her  late  war  with  Ame 
rica,  and  the  miserable  figure  her  vaunted  soldiery  cut,  with  their 
valiant  "beau  sabreur,"  and  runaway  "bel  plume,"  Santa  Anna, 


210          AMERICA  AND  THE  AMERICANS. 

hope,  however,  that  the  happy  genius  which  has  hitherto 
watched  over  the  cradle  of  our  Republic  will  continue  to 
protect  it ;  that  she  will  succeed  by  wise  measures  to  offer 
a  successful  barrier  to  a  barbarian  league  against  civilization  ; 
to  avoid  the  massacres  which  would  result  therefrom  ;  to 
extend  the  peaceable  conquest  of  civilization  to  the  Pacific 
Ocean,  and  maintain  herself  at  peace  with  her  Mexican 
neighbors,  whose  golden  or  splendid  misery  she  ought  to 
be  far  from  envying.  To  arrive  at  these  desirable  results, 
it  is  absolutely  necessary  gradually  to  get  rid  of  the  red 
race,  not,  however,  by  individual  sacrifice,  but  on  the  con 
trary,  by  awarding  them  as  much  happiness  as  the  state  of 
civilization  which  they  are  capable  of  enjoying  will  admit 
of. 

Methinks  I  hear  a  voice  exclaim, — What,  exterminate 
a  whole  race,  the  only  record  of  which  may  exist  in  the 
museums  of  naturalists  r  While  considering  me  as  a  per 
fect  monster  in  cruelty,  and  who  in  pity  pleads  to  spare  a 
remnant  of  the  red  race,  if  only  in  some  thousand  years 
hence  to  demonstrate  of  what  "  stuff"  such  mortals  were 
made  !  I,  however,  agree  with  Buffon,  that  nature  knows  of 
no  castes;  but  purely  individuals.  We  must  seek  to  give 
them  happiness  ;  for  then  are  we  certain  of  accomplishing 
the  happiness  of  the  race  which  is  but  a  metaphysical  being. 
Were  it  possible,  should  we  not  be  too  happy  by  some 
legislative  measure  to  prevent  the  birth  of  the  humpbacked 
and  deformed  ?* 

As  to  curiosities,  I  have  little  taste  for  those  which  are 

at  their  head,  Mexico  might  put  her  foot  in  Texas;  but  it  is  a 
doubtful  question  whether  she  would  get  it  out  again. 

"  Bel  plume''''  is  a  "  nom  de  guerre  "  for  a  dandy,  dressy  soldier  ; 
not,  however,  implying  a  military  muff,  for  with  all  his  Adonis-like 
perfection  and  love  of  self,  he  may  be  as  brave  as  a  Murat  or  an 
Anglesea,  a  Scott  or  a  Taylor. — TRANS. 

*  By  the  laws  of  the  Alcoran,  all  Turkish  children  so  born  are 
destroyed  at  their  birth. — TRANS. 


AMERICA  AND  THE  AMERICANS.          211 

devoid  of  merit,  and  must  confess,  that  I  possess  not  the 
taste  of  the  Emperor  Francis,  in  behalf  of  bushmen. 
About  the  year  1820,  when  the  frigate  which  took  the 
daughter  of  the  Austrian  Emperor  to  the  Brazils  had  re 
turned,  she  took  home  a  family  of  wild  savages  as  a  pre 
sent  from  the  Emperor  Don  Pedro  to  the  Austrian 
monarch.  His  majesty  received  and  treated  them  with 
much  kindness,  and  felt  much  affectionate  interest  in  their 
behalf.  He  had  a  handsome  little  hut  built  for  them  in 
the  center  of  a  small  wood  in  the  gardens  of  the  palace, 
where  they  were  perfectly  at  liberty,  "  a  PAutrichieme," 
with  the  exception  of  the  building  being  surrounded  by 
an  iron  railing.  The  good  Emperor  passed  whole  hours 
in  their  company,  wondering  with  amazement  at  their 
most  trifling  occupations.  It  was  publicly  stated  in  Vienna, 
that  the  Holy  Alliance  had  sent  for  these  bushmen  to  form 
the  models  of  a  degree  of  civilization  to  which  Prince 
Metternich  was  desirous  of  reducing  the  European.  Not 
being  in  the  confidence  of  that  wily  diplomatist,  I  cannot 
vouch  for  the  truth  of  this,  but  what  is  certain  is,  that  a 
family  of  Hungarian  adventurers  took  it  into  their  heads 
to  play  the  bushmen.  They  painted  their  bodies  red,  cut 
open  their  lips  and  ears,  and  introduced,  by  way  of  orna 
ment,  pieces  of  wood,  in  imitation  of  their  prototypes. 
The  father,  who  had  preserved  his  natural  color  and  cos 
tume,  showed  off  his  sons  and  daughters  for  so  much  a 
head,  in  statu  naturce,  but  all  painted  red.  People  ad 
dressed  them  in  German,  but  they  only  replied  in  bush- 
schprach.  They  gave  them  a  live  cat,  which  one  of  the 
young  ladies  strangled  with  most  perfect  indifference  and 
celerity,  after  which  the  family  eat  poor  puss  undressed. 
To  see  them  indulge  in  this  luxury  you  had  to  pay  double 
price.  I  do  not  remember  how  many  cats  they  thus  dis 
patched  in  a  day  ;  but  after  having  amassed  a  100,000 
florins,  Wiener  Wdrung,  they  decamped,  not  failing  to  tell 
the  good  people  of  Vienna  the  admirable  hoax  which  had 


212          AMERICA  AND  THE  AMERICANS. 

been  played  off  at  their  expense.  A  comedy  was  got  up  at 
the  royal  Leopold- Stadt-  Theatre  on  the  subject :  and  I  will 
now  ask  whether  there  was  not  quite  as  much  curiosity 
and  satisfaction  felt  in  seeing  these  Hungarians  eat  a  cat, 
as  if  they  had  been  real  bushmen  1  And  what  is  so  curious 
and  attractive  in  the  Indian  of  the  North,  to  make  him 
such  an  object  of  interest  ?  You  must  not  form  any  opi 
nion  of  them  from  the  descriptions  of  Cooper,  who  has 
always  -wished  to  make  gentlemen  of  them,  and  who  has 
even  endowed  them  with  delicate  sentiments  towards  the 
fair  sex,  which,  however,  is  by  no  means  natural  to  them. 
The  wife  of  an  Indian  is  his  marketable  animal  ;*  traveling, 
or  in  a  campaign,  she  carries  the  burden  of  his  baggage 
on  her  back,  is  beaten  by  everybody,  even  by  his  children. 
As  to  the  Indian  himself,  he  is  physically  brave,  morally  a 
coward,  patient  from  necessity,  while  some  among  them 
possess  much  natural  sagacity. 

It  has  been  said  that  the  presence  of  the  white  man 
corrupts  the  Indians  ;  this,  I  take  upon  myself  to  deny  ; 
they  are  much  happier  now  than  they  were  before  the 
colonization  of  America.  Instead  of  hunting  with  the 
bow  and  arrow,  they  possess  now  guns  ;  instead  of  walking 
naked  in  the  snow,  or  but  half  enveloped  in  the  skins  of 
animals,  they  are  now  dressed  in  warm  clothing,  and  sup 
plied  with  excellent  blankets  which  serve  the  purpose 
of  cloaks  ;  instead  of  fasting  when  they  miss  their  game, 
they  have  now  their  cattle,  wrhich  preserves  them  from 
starving.  Each  is  supplied  with  his  tinder-box  and  flint, 
his  knife,  his  little  hatchet,  and  even  to  combs  ;  although 
these  are  looked  upon  by  them  as  mere  ornaments  :  a  true 
Indian  takes  very  good  care  not  to  inconvenience  himself 
by  deranging  the  economy  of  the  little  crop  of  red  colo 
nists  inhabiting  the  region  of  his  head.  There  is  a  degree 
of  philanthropy  in  this,  for  on  this  same  principle  we  are 

*  Bete  de  sommc  in  the  original. 


AMERICA  AND  THE  AMERICANS.          213 

prevented   from    destroying    the    beauty    of    our    forest 

scenery.* 

*  The  following  note  on  the  subject  of  civilization  among  the 
Indians  may  not  be  uninteresting  as  a  conclusion  to  this  chapter  : 
— TRANS. 

CIVILIZATION  AMONG  THE  INDIANS. — The  law  passed  at  Albany 
on  the  llth,  declares,  that  every  person  who  shall  sell  or  give  to 
any  Indians  residing  within  this  State,  any  spirituous  liquor  or 
any  intoxicating  drink,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars,  or  by  imprisonment 
in  the  county  jail  of  not  more  than  thirty  days,  or  by  both  such 
fine  and  imprisonment.  Another  section  of  the  bill  declares : 

"  All  Indians  who  have  heretofore  contracted  or  shall  hereafter 
contract  marriage,  according  to  the  Indian  custom  or  usage,  and 
shall  cohabit  as  husband  and  wife,  are  and  shall  be  deemed  and 
held  to  be  lawfully  married,  and  their  children  legitimate.  Mar 
riages  between  Indians  may  be  solemnized  by  peace-makers  within 
their  own  jurisdiction,  with  the  like  force  and  eifect  as  if  by  a  Jus 
tice  of  the  Peace." 

Other  sections  extend  the  laws  over  the  Indians  as  over  the  rest 
of  our  citizens,  and  the  conclusion  of  the  bill  is  to  receive  from  the 
Seneca  nation,  or  of  any  tribe  of  Indians  residing  in  New  York,  all 
sums  of  money  such  Indians  may  wish  to  put  in  trust  with  the 
State,  the  same  to  be  paid  into  the  treasury  under  the  direction  of 
the  Commissioners  of  the  Land  Office,  invested  in  good  and  safe 
securities  by  the  Controller,  or  in  stocks  of  this  State  bearing  in 
terest  at  the  rate  of  6  per  cent.,  to  be  created  and  issued  therefor, 
and  called  "  The  Indian  Loans." 


CHAPTER    X, 

ON  AMERICAN  FINANCE. 

French  Opinions  on  American  Finance — Mr.  Hume,  the  English 
M.  P.,  on  "  Cheap  Government"— -Monarchical  Government — Ex 
pense  of  Labor — Definition  of  Economy — Post  Office  Department — > 
Privilege  of  Franking — Pxiblic  Lands — Confiscation  and  Fines — 
Coast  Guard  Service — United  States  Bank — New  York  Banks  and 
Canals — NewJersey  Hevenue- — Roads  and  Canals — Customs- — Dis- 

x  solution  of  the  Union  a  chimerical  idea — Comparison  between 
Northern  and  Southern  States — The  Protective  System — Italian 
Lethargy — England — Industry  and  Prosperity — Prohibitive  Sys 
tem  in  America — Mr.  Clay  and  Manufactures — Revenue  of  New 
York  City  and  State — Philadelphia  and  Girard — United  States 
Debt  and  Loans — 'Appropriation  of  Surplus  Revenue — Interest 
on  Capital  in  the  States — American  Enterprise — Anecdote — The 
Banking  System — Rational  Advice  on  the  Purchase  of  Lands — - 
Panargus — A  metaphor  on  Priests  and  Cats. 

THE  French  journals  were  at  one  time  much  occupied 
in  a  long  discussion  on  the  subject,  in  order  to  arrive  at 
the  conclusion  as  to  whether  the  government  of  the  United 
States  was  really  conducted  on  so  economical  a  scale  as 
had  been  represented.  General  La  Fayette,  assisted  by 
Mons.  Cooper  and  General  Bernard,  from  official  statistical 
documents,  decided  in  the  affirmative,  viz : — that  Ameri 
can  taxation  was  infinitely  less  in  comparison  with  that  of 
the  French.  lam  also  of  the  same  opinion. 

Mr.  Hume,  the  English  Member  of  Parliament,  is,  I 
believe,  the  first  individual  who  made  use  of  the  term 
"  Cheap  Government."  At  first,  both  the  ministry  and 
opposition  were  completely  won  by  this  newly  invented 
theory,  but  which,  however,  they  soon  perceived  was 
merely  another  term  characteristic  of  a  republican  gov 
ernment.  Hence,  it  resulted  that  they  who  disclaimed  a 
republic  and  republican  institutions  altogether  opposed  all 
approach  to  a  "  cheap  government,"  and  even  retrench- 


AMERICA  AND  THE  AMERICANS.          215 

ment  and  economy  itself.  A  distinguished  writer  carried 
his  prejudice  to  this  form  of  government  so  far,  that  in 
order  to  defeat  the  arguments  of  his  opponents,  he  under 
took  to  demonstrate  that  a  monarchical  government  was 
less  expensive  than  that  of  the  United  States.  I  shall 
not  here  attempt  to  refute  such  futile  and  absurd  rea 
soning,  as  that  has  heen  already  fully  accomplished  by 
abler  pens  than  mine,  but  I  will  simply  observe  that  any 
comparison  between  the  expense  of  the  two  countries  is 
materially  affected  by  the  value  of  the  currency.  Thus, 
for  instance,  when  $1,25  is  given  for  a  days'  labor  to  a 
carpenter  in  Florida,  independent  of  food  and  lodging,  this 
sum  is  but  equivalent  to  that  which  is  paid  to  an  indivi 
dual  employed  in  the  same  capacity  in  France.  It  is 
equally  clear,  therefore,  that  if  I  pay  a  sum  equal  to  about 
six  francs  per  day,  to  a  laborer  who  receives  but  two 
francs  in  France,  it  follows  that  the  same  salary  in  propor 
tion  should  be  paid  to  those  employed  in  a  civil  and  mili 
tary  capacity,  and  that  although  they  receive  a  nominally 
greater  amount  of  circulating  medium,  their  expenses 
being  in  the  same  proportion  more  considerable,  they 
are  not  better  paid  than  the  European,  who  nominally 
receives  less.  The  difference  of  the  relative  value  of 
money  in  the  two  countries  is  merely  a  medium  which 
augments  the  proportionate* cipher,  without  altering  its 
value.  This  will  apply  to  all  those  employed  in  any  in 
ferior  capacity  in  the  republic,  who  live  on  their  pay,  and 
whose  salary  is  considered  only  as  a  compensation  for  the 
loss  of  time  which  they  devote  to  their  employer.  In 
Europe,  however,  besides  this  class  here  designated, 
there  is  another  class  which  is  remunerated  not  for  ser 
vices  rendered,  but  in  consideration  of  their  rank  and  dig 
nity  alone,  in  the  state.  In  the  United  States  we  have  no 
such  aristocratic  pretensions,  unless  we  look  upon  the 
president  with  his  $25,000  a-year  in  this  light. 

What  is  the  real  meaning  of  economy  ?     Does  it  consist 


216  AMERICA    AND    THE    AMERICANS. 

* 

in  the  possession  of  a  few  useless  and  idle  parasitical  em 
ployes  ?  or  in  one  valuable  and  efficient  officer,  performing 
with  zeal  and  patriotism,  more  real  duties  than  all  the 
others  put  together  ?  I  take  it  that  the  economy  of  a  gov 
ernment  consists  in  amply  remunerating  as  many  public  offi 
cials  as  are  required  for  the  service  of  the  country,  and  no 
more — to  pay  liberally  for  services  absolutely  requisite,  but 
in  no  wise  be  prodigal  in  superfluities.  Discourage  all  use 
less  luxury  in  the  government,  place  it  on  the  solid  basis 
of  necessary  utility,  and  you  will  exercise  a  system  of 
economy,  while  the  people  in  general,  who  contribute 
their  share  of  taxation,  have  the  satisfaction  of  knowing 
that  no  idle  pensioners  are  fattening  on  the  spoils  of  the 
nation. 

Another  error  into  which  the  author  above  cited  has 
fallen  in  his  attack  on  the  financial  system  of  the  United 
States,  is  in  the  belief  that  the  whole  revenue  of  the 
Union,  or  of  the  States,  is  derived  from  contribution,  while 
the  fact  is,  that  much  is  acquired  from  the  bpna  fida  pro 
perty  of  the  nation,  and  which,  consequently,  cannot  be 
considered  as  a  burden  on  the  people.  In  order  to  come 
to  a  right  understanding  upon  this  subject,  it  is  necessary 
to  analyze  the  different  sources  from  whence  the  various 
government  revenues  are  derived.*  We  will  begin  with 
the  post-office.  This  immense  administration,  which  ex 
tends  its  gigantic  branches  from  one  extremity  of  the 
Union  to  the  other,  with  inconceivable  rapidity  and  punc 
tuality)  even  in  those  extreme  regions  which  are  as 
yet  but  slightly  peopled),  is  under  the  superintendence  of 
a  Postmaster  General,  not,  however,  a  member  of  the 
cabinet.  There  are  more  than  8,000  subordinate  post 
masters  ;  each  of  whom  has  a  running  account  open  with 
the  department — which  account  is  audited  every  three 
months.  The  mails  are  transported  by  contract,  in  the 
same  conveyances  as  those  employed  for  passengers,  and 

*  Vide  notes  at  the  end  of  the  Chapter. 


AMERICA  AND  THE  AMERICANS.          217 

Vhose  construction  and  convenience  varies  according  to 
the  advance  of  enterprise  and  civilization  in  the  various 
States.  The  contractors  are  paid  by  orders  on  the  different 
postmasters,  and  the  balance  of  receipts  over  and  above 
the  amount  of  expenditure  is  placed  either  in  the  State 
Bank,  or  to  the  credit  of  the  postmaster  general.  As 
compensation  for  their  trouble,  the  postmasters  receive 
permission  to  forward  and  receive  their  own  letters  free  of 
postage  ;  they  are,  moreover,  allowed  a  commission  vary 
ing  from  30  to  10  or  12  per  cent,  of  the  general  receipts, 
but  which  commission  is  never  allowed  to  exceed  a  cer 
tain  sum.  On  no  account  are  they  permitted  to  contract 
for,  or  hold  any  indirect  interest  in,  the  transport  of  the 
mails.  The  price  of  a  letter  not  exceeding  one  half  ounce 
or  less,  sent  under  three  hundred  miles,  is  five  cents,  over 
three  hundred  miles,  is  ten  cents  ;  wrhile  a  newspaper, 
for  the  same  distance,  costs  but  one  and  a  half  cents,  and 
a  pamphlet,  magazine  or  periodical,  of  one  ounce  or  less, 
t\vo  and  a  half  cents  ;  for  each  additional  ounce,  one  cent. 
These  charges  are  reduced  in  proportion  as  the  distance 
diminishes.  The  postmaster  general,  after  having  paid 
off  all  the  mail  contracts,  and  discharged  all  claims  for  the 
central  administration  of  his  department,  annually  pays 
over  a  considerable  sum  into  the  treasury  of  the  State. 
The  views  of  the  government  in  this  department  of  finance 
are  not  so  much  bent  on  creating  a  revenue,  as  on  securing 
to  the  community  in  general  a  prompt  and  efficient  mode 
of  communication  between  the  different  States  of  the  re 
public.  Independent  of  the  postmaster  general's  right  to 
the  freedom  of  postage,  the  same  privilege  is  granted  to 
the  president,*  the  vice-president,  the  chiefs  of  the  different 
administrations,  and  even  to  the  members  of  Congress. 
The  journalists,  also,  far  from~any  obstacles  being  thrown 
in  their  way  by  the  government,  enjoy  the  right  of  receiv- 

*  Also  ex-presidents.     Mrs.  Madison,  Mrs.  Harrison  and  Mrs. 
Adams  retain  this  privilege. — TRANS. 
10 


218          AMERICA  AND  THE  AMERICANS. 

ing  all  journals  free  of  postage  ;  while  so  convenient   do 
the  senators    and   representatives    find    this  privilege    of 
free    transport,  that    during  the  sessions   of  Congress   at 
Washington,    it  is    calculated  that  no  less  than  between 
30  and  40,000  letters  leave  that  city  daily,  postage  free. 
With  reference  to  public  lands,  their  sale  forms  by  no 
means  an  inconsiderable  part  of  the  public  revenue,  the  ad 
ministration  of  which  is  conducted  by  a  "Commissioner 
of  the  Land  Office,"  who  resides  in   Washington.     The 
receipts,  however,  are  collected  by  parties  located  in  each 
separate  district,  and  who,  after  having  honored  the  different 
claims  on  government,  and  received  the  commission  of  five 
per  cent,  on  the  sales  (which  must  on  no  account,  exceed 
the    sum    of    $2,000),     deposits  the    remainder    in    the 
various  banks  of  the  Union,  to  the  credit  of  the  treasury. 
Confiscations,  fines  and  penalties   form  but  an  insignifi 
cant  source  of  revenue  ;  although,  by  fortuitous  circum 
stances,  they  sometimes  amount  to  a  large    sum.     Many 
crimes  committed  in  the  United   States  are  punished  by 
fine.     Confiscation,  generally  speaking,  no  longer  exists  ; 
or,  in  other  words,  in  no  case  can  any  individual's  property 
become  the  property  of  the  State,  through  a  criminal  com 
mitment  ;  but  from  an   obsolete  custom,  derived  from  the 
common  law,  every  inanimate  object,  which  by  accident 
or  otherwise   causes  the  death  of  an  individual,  becomes, 
under  the  title  of  deodand,  the   property  of   the   State. 
Also,  in  ~all  acts  of  accusation  for  murder,  it  is  an  impor 
tant  point  that  the  value  of  the  weapon  made  use  of  by 
the  criminal  shall  be   specified.     This  value  is,  however, 
always  nominal  in  cases  of  importance  ;  for  the  absurdity 
of  the  law  is  too  palpable,  and  it  is  probably  owing,  in  a 
great  measure,  to  this  very  absurdity,  and  in  no  slight  de 
gree  'to  the  manner  in  which  the  different  tribunals  evade 
its  payment,  that  no  measure  has  been  adopted  for  its  abo 
lition.     A  steam-vessel,  for  instance,  the  paddle  of  which 
may  have  caused  the  death  of  an  individual,  was  estima- 


AMERICA  AND  THE  AMERICANS.          219 

ted  at  six  dollars.  In  all  cases  of  contraband,  not  only  are 
all  articles,  fraudulently  introduced,  but  the  vessel  which 
brought  them,  confiscated,  and  become  the  property  of 
the  State.  For  this  object  we  have  an  organized  coast 
guard  service,  consisting  of  several  schooners,  of  a  most 
beautiful  construction,  and  remarkable  for  their  rapid  rate 
of  sailing.  These  are  the  property  of  the  State,  although 
not  included  under  the  head  of  the  Marine  Department,  but 
come  under  that  of  the  Minister  of  Finances.  The  cap 
tains  and  crews  feel,  of  course,  a  deep  personal  interest  in 
the  captures  they  make,  the  valuation  of  which,  however, 
is  declared  by  the  Admiralty  Courts. 

The  dividends  receivable  by  the  United  States  on  the 
shares  of  the  States'  Bank,  belonging  to  them,  as  also  on 
those  subscribed  for  in  the  different  road  and  canal  compa 
nies,  form  another  item  of  receipts,  which,  although  they 
may  not  be  (at  least  at  present)  considerable,  are,  as  I 
shall  presently  show,  capable  of  immense  development. 

Several  of  the  States  have  already  adopted  this  system. 
That  of  New  York,  for  instance,  derives  a  large  revenue 
from  its  canals,*  as  also  the  State  of  New  Jersey,  from  its 
oyster  plantations,  formed  by  the  government  on  its 
shores. 

In  this  latter  State,  every  year  adds  to  their  increase, 
and  the  revenue  derived  therefrom  is  so  considerable  that 
it  admits  of  an  important  diminution  in  the  taxation  of  the 
State,  and  may,  in  all  probability,  be  the  means  of  abolish 
ing  the  burden  altogether,  "j" 

The  Bank  of  the  United  States  is  an  anonymous  so 
ciety,  established  under  their  general  sanction,  to  receive 
deposits,  discount  bills  on  certain  terms,  grant  loans  on 
mortgage,  or  on  deposits  of  commercial  value,  and  like 
wise  the  precious  metals,  and  lastly,  to  put  in  circulation 

*  Vide  Note  at  the  end  of  Chapter. 

f  The  Revenue  of  New  Jersey  up  to  January  1st,  1848,  was 
$184,711  84. 


220          AMERICA  AND  THE  AMERICANS. 

a  paper  currency,  which  at  any  moment  may  be  converted 
into  specie  ;  never  declining  below  par,  but  which,  on  the 
contrary,  from  its  facility  of  transport,  is  always  of  higher 
value. 

The  United  States,  per  se,  are  shareholders  in  a  very 
large  proportion,  and  as  such,  influence,  in  a  great  mea 
sure,  the  nomination  of  the  Directors  and  President  who 
govern  that  institution.  It  is  this  Bank  which  transacts  all 
the  pecuniary  affairs  of  the  government ;  but  as  a  compen 
sation  for  this  privilege,  its  funds  must  be  ready  at  a  mo 
ment's  notice  for  the  services  of  the  different  branches  of 
the  State,  and  this  free  of  all  cost.  It  is  this  Bank  also 
which  is  under  the  obligation  of  paying  the  interest  on 
the  public  debt,  as  also  that  of  portions  of  its  capital  which 
become  payable.  To  conclude  on  the  subject  of  this  use 
ful  institution,  its  establishment  has  rendered  the  greatest 
services  both  to  commerce  and  the  industry  of  the 
country. 

It  is  not  unusual  for  the  States  to  become  large  share 
holders  in  the  various  companies  organized  throughout  the 
Union,  for  the  construction  of  roads  and  canals.  This  ari 
ses,  not  because  they  cannot  construct  them  altogether, 
as  a  government  undertaking,  but  from  the  circumstance 
of  several  general  reasons  opposing  it.  In  the  first  place, 
they  can  only  exercise  such  an  authority,  agreeably  to  an 
article  in  the  Constitution,  which  in  a  general  sense  per 
mits  them  to  exercise  that  authority  for  the  general  good 
of  the  republic  ; — rather  a  vague  provision,  however,  and 
similar  in  its  nature  to  the  14th  article  of  our  Charter, 
which  would  serve  to  gloss  over  many  usurpations,  if  the 
Federal  government  was  so  inclined,  and  provided  that 
the  States  in  general  countenanced  the  same.  It  follows, 
therefore,  that  before  the  government  can  enter  into  any 
public  undertaking  within  the  limits  of  the  States,  or  au 
thorize  any  anonymous  society  or  company  to  do  so,  it 
must  be  with  the  perfect  understanding  that  such  work  is 


AMERICA  AND  THE  AMERICANS.          221 

for  the  general  good,  and  that  a  majority  of  the  States,  at 
least,  derive  some  direct  advantages  therefrom.  Hence 
all  undertakings  which  tend  to  the  improvement  of  har 
bors — rendering  them  capable  of  receiving,  and  being  navi 
gable  for  fleets  or  vessels  of  war — all  works  tending  to  im 
prove  the  navigation  of  rivers  for  vessels  of  large  tonnage, 
would  encounter  no  opposition.  This  is  a  duty  impera 
tive  on  the  government,  and  tends  to  extend  and  regulate 
the  exterior  commerce  of  the  country.  As  likewise,  all 
which  tends  to  improve  the  military  defenses  of  the  coun 
try  comes  under  the  same  practical  denomination  or  head  ; 
at  the  same  time  it  is  doubtful  whether  the  same  author 
ity  would  have  the  power  or  right  of  establishing  taxes  or 
tolls  in  connection  therewith,  or  even  granting  the  per 
mission  for  any  anonymous  society  to  do  so.  All  under 
takings,  therefore,  of  this  nature,  would  arise  from  the 
employment  of  a  dead  capital,  bringing  no  interest  thereon 
favorable  to  the  State,  or  advantageous,  beyond  that  of  the 
general  good.  The  States  howrever  are,  as  it  were,  lords 
of  the  soil,  and  have,  each  of  them,  the  power  to  do  as 
they  please  within  their  own  territory,  and  to  this  power 
they  adhere  with  the  most  pertinacious  tenacity.  For  in 
stance,  it  might  so  happen  that  a  new  road  in  one  would 
cause  the  ruin  of  the  capital  of  a  neighboring  State  ;  hence 
it  is  but  natural  that  the  citizens  of  each  State  should 
themselves  have  the  direction  of  all  public  works,  or 
whatever  alterations,  improvements,  &c.,  might  be  suggest 
ed  towards  general  convenience  and  utility,  or  jointly  in 
concurrence  with  the  neighboring  States.  One  further 

O  O 

consideration  is,  that  the  expense  of  all  works  of  public 
utility,  undertaken  to  the  advantage  of  one  town  or  State 
only,  shall  be  borne  by  all  the  others.  This  I  look  upon  as 
unjust.  Under  all  these  circumstances,  however,  if  there 
exist  so  many  obstacles  to  the  government  assuming  the 
power,  either  by  themselves,  or  authorizing  a  society  to 
undertake  works  of  public  utility,  when  once  the  govern- 


222          AMERICA  AND  THE  AMERICANS. 

ment  of  a  State  has  authorized  the  formation  of  such  so 
ciety  or  company,  nothing  can  hinder  them  from  subscrib 
ing  for  as  many  shares  as  they  may  think  proper.  In  fact, 
such  has  already  been  the  case  ;  and  I  hope  they  may  ad 
here  to  the  system*. 

I  now  come  to  the  great  source  whence  the  revenue  of 
the  United  States  is  derived,  viz  :  The  customs,  which 
form  about  nineteen  twentieths  of  the  whole  of  the 
receipts.  The  Constitution  while  it  has  reserved  to  the 
Federal  government  the  power  of  regulating  the  external 
commerce,  and  of  establishing  taxes  on  imports,  grants  no 
authority  for  its  exercise  of  that  power  over  the  commerce 
of  the  interior,  or  its  imports.  The  tariff  must  also  be 
the  same,  for  all  ports,  and  all  frontiers  of  the  Union.  In 
each  port,  and  on  the  frontiers  of  Canada,  collectors  have 
authority  for  the  administration  of  this  branch  of  the 
revenue.  They  are  paid  by  commissions  on  the  revenue 
which  they  receive  ;  but  which  must  however  on  no  occa 
sion  exceed  a  given  sum.  Besides  this,  they  are  charged 
with  the  duty  of  registering  all  vessels  newly  constructed  ; 
give  certificates  of  origin  to  sailors  called  protection,  and 
have  a  watchful  guard  over  all  light-houses  and  floating 
lights.  From  these  also,  captains  of  the  coast-guard  service, 
lawyers  of  the  States  and  marshals  of  the  districts  receive 
orders  regarding  the  suppression  of  every  thing  of  a  con 
traband  nature.  The  funds  which  they  receive  must  be 
deposited  in  the  Banks  of  the  State,  to  the  credit  of  the 
Treasurer.  These  posts  are  of  the  highest  importance,  of 
great  emolument,  and  much  sought  after.  Hence  the 
gentlemen  holding  them  enjoy  no  little  influence  in  our 
large  commercial  towns,  although  the  duties  are  very  con 
siderable.  Government  offers  much  indulgence  to  the 
merchant  in  regard  to  the  payment,  granting  a  credit  of 
three,  six,  nine,  and  even  twelve  months,  according  to  the 
sums  ;  so  that  in  general,  the  merchandise  is  sold  before 
the  duties  thereon  have  been  paid.  Articles  imported 


AMERICA  AND  THE  AMERICANS.          223 

with  the  object  of  re-exportation  pay  no  duties,  and  those 
which  are  manufactured  in  the  country  to  be  re-exported, 
under  another  form,  receive  on  leaving  a  premium  in 
proportion  to  the  duty  paid  on  entering  the  raw  materi 
al.  I  have  already  stated  that  the  exportation  is  free,  as 
also  is  the  transport,  from  one  port  to  another,  either  by 
sea,  or  the  interior  ;  hence  all  taxes  accumulate  from  im 
portation.  They  were  already  considerable,  and  in  1825 
the  manufacturing  interest  made  them  still  more  so  ;  hence 
now,  in  many  instances,  they  are  tantamount  to  a  prohibi 
tion.  Manufacturers  profit  largely  from  these  circum 
stances,  enabling  them  to  compete  with  the  English 
market,  without  depreciating  in  value,  though  inferior  in 
quality  ;  unfortunately,  however,  all  these  manufacturers 
are  on  one  side  of  the  Potomac,  while  the  consumers  are 
on  the  other  ;  at  least  this  observation  will  apply  to  most 
articles.  The  southern  States,  whose  general  produce  is 
tobacco,  coffee,  sugar  and  Indian  corn,  and  who  in  return 
purchase  from  the  profits  arising  therefrom,  take  umbrage 
when  they  find  the  price  of  stuffs  augmented,  and  their 
quality  diminished,  at  the  very  moment  when  the  immense 
increase  in  the  production  of  cotton  reduces  the  value  of 
their  chief  resource,  while  it  was  naturally  their  interest 
to  obtain  it  in  the  cheapest  market ;  whether  that  market 
were  English  or  American  was  to  them  a  matter  of  perfect 
i  ndifference .  It  were  in  vain  to  attempt  to  persuade  them 
that  the  same  protection  which  was  granted  to  the  manu 
factories  of  the  North  would  inevitably  place  them  in  a 
position  to  create  a  market  much  more  advantageous  for 
them  than  for  the  European  ;  experience  has  however 
confirmed  the  just  calculations  of  those  who  were  opposed 
to  the  tariff,  and  the  southern  States  find  themselves  at 
this  moment  reduced  to  the  necessity  of  consuming  pro 
ducts,  inferior  in  quality  and  at  much  higher  prices,  there 
by  placing  the  northern  manufacturers  in  a  position  to 
realize  large  profits,  at  the  expense  of  their  southern 


224  AMERICA    AND    THE    AMERICANS. 

brethren.  This  state  of  things  is  however  unjust,  and 
cannot  long  continue  without  a  total  destruction  of  the 
prosperity  of  the  southern  States  of  the  Union.  Hence 
their  opposition  was  exercised  in  so  wild  and  injudicious  a 
manner,  that  it  ended  in  doing  them  much  more  harm 
than  the  tariff  itself.  They  began  at  first  by  denying  the 
constitutionality  of  the  law  which  imposed  the  new  tariff, 
and  assumed  that  Congress  had  not  the  power  of  establish 
ing  imposts,  with  the  view  of  protecting  such  and  such 
interest  ;  admitting  however  the  right  of  creating  for  itself 
a  revenue,  commensurate  with  its  wants.  South  Caro 
lina  went  even  further,  and  forgetful  of  the  wonted 
prudence  of  its  councils,  talked  of  a  separation  from  the 
Union,  vain  threat!  which  was  hastily  re-echoed  in  England 
as  an  evident  proof  that  the  Union  of  the  States  was  about 
to  be  dissolved,  and  which  could  have  been  productive  of 
no  danger  but  to  herself ;  for  the  remedy  would  have  been 
one  hundred  times  worse  than  the  evil,  which  they  sought 
to  eradicate. 

From  the  passing  of  the  new  tariff  the  southern  States 
adopted  a  line  of  conduct  totally  hostile  to  those  of  the 
North,  especially  towards  the  interests  of  their  manufac 
tures.  They  for  instance  exerted  all  their  efforts  to 
reduce  their  consumption — and  confined  themselves  to  the 
use  of  coarse  stuffs  manufactured  in  their  own  families, 
and  were  opposed  to  every  species  of  amelioration  com 
mensurate  with  the  habits  of  industry  and  civilization  of 
their  brothers  of  the  ISorth.  It  is  evident  however,  that  it 
more  became  them  to  exercise  a  totally  different  conduct 
in  the  matter  ;  and  since  the  tariff  established  an  unjust 
advantage  in  respect  to  American  manufacturers,  they 
themselves  ought  to  have  been  the  first  to  profit  by  the 
same — in  the  establishment  of  factories  in  the  South, 
which  even  supposing  they  might  not  maintain  a  successful 
opposition  to  the  English,  without  a  tariff,  might  at  least, 
without  much  difficulty,  have  set  themselves  up  in  oppo- 


AMERICA  AND  THE  AMERICANS.          225 

sition  to  those  of  the  North — the  more  especially,  as  in  the 
South,  there  is  no  impediment  to  the  employment  of 
negroes  in  this  occupation,  the  labor  of  which  in  itself,  is 
more  adapted  to  women,  than  employing  them  in  the  field  ; 
while  the  expense  of  manual  labor  would  have  been  con 
siderably  less  than  in  the  North.  True  it  is,  that  former 
ly  the  negro  employed  in  agriculture  brought  more  profit 
than  in  any  other  occupation — but  those  days  are  gone 
by — and  the  price  of  agricultural  produce  is  so  much 
diminished,  that  it  is  my  firm  belief  there  is  a  greater  ad 
vantage  attending  the  withdrawal  of  hands  from  agricultur 
al  to  manual  labor  in  the  manufactories.  The  southern 
States,  however,  have  pursued  a  totally  different  course, 
they  declared  open  war  against  every  thing  in  the  shape 
of  tariff  and  manufactural  industry — and  it  only  remains 
for  them  to  continue  the  same  destructive  line  of  policy, 
to  see  themselves  overrun  by  the  people  of  the  North, 
in  whose  hands  ere  long  all  capital  will  be  concentrated. 

The  people  of  the  Northern  States,  or  rather  that  por 
tion  of  them  in  favor  of  what  they  call  the  American  sys 
tem,  extend  their  views  of  a  protective  system  too  far  ; 
and  under  the  influence  of  high  premiums  wish  to  force 
industry — to  bring  into  the  markets  produce  which  nature 
has  reserved  for  other  climates. 

Were  all  nations  equal  in  industry,  or  possessed  a  mass  of 
capital  in  proportion  to  their  population,  the  wealth  of  those 
nations  would  be  found  to  be  in  direct  proportion  to  the 
fertility  of  the  soil  and  beauty  of  the  climate.  But  the  dif 
ferent  degrees  of  civilization  among  nations,  the  educa 
tional  establishments  of  the  various  governments,  and  the 
disparity  which  exists  in  the  quantity  of  capital  raised,  has 
completely  destroyed  this  natural  proportion  ;  the  revival 
of  which  would  tend  to  the  annihilation  of  all  commercial 
and  manufactural  monopoly.  This  result,  however,  would 
not  be  favorable  to  all  nations  in  an  equal  proportion  ;  for 
those  which,  by  their  geographical  position,  are  naturally 
10* 


226          AMERICA  AND  THE  AMERICANS. 

poor  would  be  compelled  to  depend  on  the  more  wealthy, 
and  surrender  that  power  which  the  ignorance  of  other 
nations  had  permitted  them  to  possess.  Hence  it  follows, 
as  a  general  thesis,  that  the  liberty  of  commerce  would  be 
in  favor  of  those  nations  naturally  wealthy.  Notwith 
standing,  however,  in  the  present  state  of  things,  so  long 
as  an  inequality  of  capital  and  industry  exist,  a  protective 
system  is  necessary  to  all  such  nations  favored  by  provi 
dence,  in  order  to  induce  them  to  maintain  that  which  na 
ture  has  assigned  them.  Italy  for  example,  without  ex 
ception  the  richest  country  in  Europe,  is  at  this  moment 
almost  devoid  of  industry,  and  hence  dependent  on  other 
nations.  Its  oils  and  alkalies  are  transported  to  Marseilles, 
and  returned  in  soaps.  Its  silks  and  cottons  seek  a  market 
in  Switzerland,  Lyons,  and  England,  and  are  returned 
made  up  into  stuffs,  to  the  consumer.  The  trade  of  Italy 
is  also  carried  on  in  foreign  ships.  Were  she  independent, 
the  first  care  of  a  good  government  would  be  again  to  ele 
vate  her  to  the  first  rank  among  the  nations  of  Europe,  in 
commerce  and  industry— the  only  means  of  accomplishing 
which  would  be  to  organize  so  strict  a  code  of  custom  du 
ties  as  to  compel  the  nation  to  depend  entirely  on  their 
own  manufactures.  This  once  accomplished,  and  industry 
re-established  on  a  firm  basis,  there  would  then  exist  no 
danger  in  abolishing  the  tariff,  and  in  establishing  an  unre 
stricted  freedom  of  commerce  Capital  would  then  find 
its  way  in  through  various  new  channels,  thrown  open  by 
this  course,  without  fear  of  competition  ;  while  the  lib 
erty  of  commerce  would  then  be  favorable  to  Italian  in 
dustry.  England,  on  the  contrary,  is  naturally  one  of  the 
poorest  countries  in  Europe  ;  still,  from  many  causes  too 
numerous  to  develop  here,  but  which  may  be  attributed 
to  two  principles,  the  natural  industry  of  the  people  and 
the  excellence  of  her  social  institutions,  which  have  ena 
bled  her  to  amass  a  quantity  of  capital  unexampled  in  the 
history  of  the  world. 


AMERICA  AND  THE  AMERICANS.          227 

As  soon,  however,  as  other  nations  shall  enjoy  the  same 
advantages,  her  prosperity  will  naturally  decrease,  as  her 
superiority  in  this  point  arises  more  from  acquired  artifi 
cial  than  natural  advantages.  In  her  present  actual  state 
England  professes  an  unlimited  freedom  and  extension  of 
commerce  ;  she  has,  in  truth,  nothing  to  lose  :  even  with 
a  reduction  of  her  duties,  it  would  be  long  before  any  other 
nation  could  enter  into  a  successful  competition  with  her. 
The  more  other  nations  imitate  her  example,  and  believe 
in  the  doctrine  which  she  now  professes,  the  longer  will 
the  progress  of  their  commercial  industry  be  retarded  ; 
while  the  more  she  strengthens  her  system  of  monopoly 
her  fall  is  proportionally  distant.  So  long  as  other  nations 
believe  in  her  professions  of  liberty  of  commerce,  so  long 
will  they  be  the  dupes  of  her  policy. 

This  system  which  I  have  proposed,  however,  I  mean 
not  to  apply  to  all  the  branches  of  industry  in  all  countries. 
Every  soil  and  climate  has  its  natural  productions,  while 
the  chief  object  to  be  acquired  should  be  to  export  the 
manufactured  produce,  in  the  highest  state  of  perfection 
of  which  the  national  industry  is  capable.  And  this  is  the 
sole  and  most  important  point  which  a  good  government 
should  seek  to  establish  by  a  prohibitive  system.  If  the 
English  government,  for  example,  imposed  its  custom  du 
ties  with  the  sole  object  of  perfecting  its  national  industry, 
and  not  with  that  of  creating  a  revenue,  and  which,  in  my 
opinion,  is  the  best  system  of  all,  every  duty  upon  the 
importation  of  wines,  oils,  colonial  produce,  in  fact  on  all 
merchandise  which  she  neither  produces  herself  nor  can 
ever  produce,  ought  to  be  entirely  abolished.  This  abo 
lition  would  render  living  much  cheaper,  and  would  also 
contribute  to  a  considerable  diminution  iu  the  expense  of 
manual  labor.  On  the  other  hand,  heavy  taxes  should  be 
imposed  on  the  importation  of  every  manufactured  article, 
or  even  that  article  in  its  crude  state,  which  was  the 
product  of  foreign  nations.  At  the  outset,  this  productive 


AMERICA    AND    THE    AMERICANS. 

tax  would  be  the  means  of  creating  a  capital  of  sufficient 
consideration,  to  be  employed  in  a  new  project  or  sphere 
of  action.  The  success  of  one  manufactory  naturally  leads 
to  the  establishment  of  others,  while  the  competition 
thereby  raised  would  soon  reduce  the  prices  below  those 
for  which  the  foreign  market  could  afford  to  supply  their 
products,  and  the  importation  would  thereby  become 
comparatively  nominal.  From  what  I  have  stated,  the 
United  States,  being  connectedly  one  of  the  richest  coun 
tries  in  the  world,  I  am  arguing  in  behalf  of  a  strong  pro 
hibitive  system  here,  in  conformity  with  the  present  tariff. 
This,  however,  is  far  from  being  my  opinion.  The  people 
of  the  Union  have  other-  avocations  of  higher  importance 
than  that  of  blocking  themselves  up,  as  it  were,  "  inter 
wmros,"  or  being  altogether  immured  within  the  unhealthy 
precincts  of  the  factory.  Our  forests  are  open  to  us — the 
roads  to  the  West  are  already  in  progress,  while  the  wave 
of  civilization  has  not  yet  been  repelled  or  impeded  in  its 
progress  by  that  of  the  Pacific  ocean.  So  long  as  the 
whole  of  those  immense  lands  are  uncleared  by  the  hand 
of  civilization,  so  long  will  there  be  a  ready  opening  to  in 
dustry  and  labor.  And  why  should  this  ennobling  and  in 
vigorating  occupation  of  man  be  altogether  sacrificed  for 
the  enervating  and  sickly  occupation  of  the  mechanic  ? 
Or  why  pursue  this  latter  course  in  preference  ?  Why, 
also,  compel  capitalists  to  take  this  course  ?  What  need 
have  we  for  manufactories,  when  we  can  at  all  times  ob 
tain  the  produce  of  the  foreign  markets  in  exchange  for 
our  own  raw  material  ?  Of  what  disadvantage  is  it  to  us, 
we  wearing  articles  of  English  manufacture — or  vice  versa, 
to  the  English  eating  bread  made  from  American  flour  ? 
On  the  contrary,  we  merely  exchange  with  foreign  nations 
the  various  products  of  civilization  ;  thereby  preserving  for 
ourselves  that  which  is  useful  and  agreeable,  and  becoming 
the  dignity  of  freemen  ;  leaving  to  other  nations  those 
questionable  luxuries  and  occupations  which  only  tend  to 


AMERICA  AND  THE  AMERICANS.          229 

enervate  and  degrade  mankind.  The  American  system,  as 
Mr.  Clay  and  his  friends  are  pleased  to  call  it,  is  in  itself 
good,  but  too  premature  by  far.  It  is  true,  he  has  been 
the  organ  of  raising  a  quantity  of  splendid  manufactories 
of  which  we  are  justly  proud.  We  grant  that  in  some 
articles  our  manufactures  can  compete  with  those  of  the 
English.  But  it  becomes  a  question  whether  we  have  not 
obtained  these  advantages  at  a  sacrifice  of  many  comforts, 
for  which  the  mere  difference  of  price  can  never  compen 
sate  us  ;  and  by  a  commencement  of  moral  and  political 
degradation  in  those  who  have  thereby  become  workmen 
by  compulsion,  and  who  without  which  would  have  re 
mained  free  and  independent  cultivators  of  the  soil.  These 
truths  are  beginning  to  be  felt,  and  I  consider  it  possible 
that  this  "  American  system"  will  not  be  of  long  duration. 
Time,  however,  will  prove.  To  this  state  of  things  it  is 
probable  we  must  return,  at  a  time,  however,  when  all  the 
public  lands  shall  have  been  sold ;  but  fortunately,  this  pe 
riod  is  as  yet  far  distant. 

The  different  States  have  also  their  own  revenue, 
derived  in  each  of  them  from  a  different  system  of  taxation. 
As  I  have  already  observed,  they  can  derive  none  from 
exportation,  importation,  nor  the  transit  of  merchandise  ; 
but  they  may  establish  direct  taxes,  poll-taxes,  excise 
duties,  on  prepared  liquors,  rights  of  patents,  &c.  These 
have  also  the  power  of  raising  loans,  and  employing  their 
capital  on  public  banks,  which  may  become  productive  of 
benefit.  All  these  measures  and  means  are  more  or  less 
adopted,  in  the  different  States.  Each  county  has  its 
expenses,  to  meet  which  the  county  court  imposes  cer 
tain  taxes  on  the  inhabitants  ;  as  also  in  each  town,  the  ex 
penses  of  the  corporation  are  defrayed  in  the  same  manner. 
Some  of  the  principal  towns  have  to  meet  considerable 
demands  ;  the  revenue  and  budget  of  the  city  of  New 
York,  for  instance,  are  much  greater  than  those  of  the 
State  itself ;  while  the  taxes  on  the  people  belonging  to 


230          AMERICA  AND  THE  AMERICANS. 

the  manor  are  very  considerable.  Philadelphia  was  also 
in  the  same  situation — but  by  a  fortuitous  circumstance, 
she  has  been  placed  in  a  most  extraordinary  position — 
which  cannot  but  render  her  in  time,  the  most  beautiful 
city  in  the  world.  It  arose  from  the  following  event : 
A  Frenchman  named  Girard,  who  quitted  France  extreme 
ly  poor — as  a  cabin  boy  (if  I  mistake  not),  a  sailor  at  most 
— died  in  that  city;  at  about  the  age  of  ninety,  leaving  a 
fortune  of  about  one  hundred  millions  of  francs,  which  he 
had  accumulated,  by  a  long  life  of  indefatigable  industry, 
strict  probity,  and  remarkable  privations.  He  was  a  man 
possessing  a  strong  mind,  much  esteemed — though  follow 
ing  a  very  singular  mode  of  existence.  He  was  most  par 
ticular  and  circumspect  in  all  things  ;  at  the  same  time, 
indulging  in  the  accomplishment  of  schemes  which  grati 
fied  his  taste  and  spending  his  immense  revenue  in  public 
works  of  utility.  At  his  death,  among  other  legacies,  he 
bequeathed  ten  millions  of  francs  for  the  establishment  of  a 
college,  on  condition  that  no  priest,  whatever  his  religion, 
should  be  allowed  in  any  wise  to  interfere  with  its  adminis 
tration.  The  greater  part  of  his  fortune  however,  more  than 
sixty  millions,  he  bequeathed  to  the  city  of  Philadelphia. 
It  is  impossible  to  imagine  the  immense  benefit  which  may 
accrue  from  this  munificent  bequest,  if  properly  adminis 
tered.  The  interest  of  this  immense  capital  is  sufficient  to 
meet  all  the  expenses  of  the  corporation,  while  it  is  proba 
ble  that  all  taxes  will  be  abolished,  thereby  favoring  a 
considerable  increase  to  the  population  of  the  city ;  and  at 
the  same  time,  afford  immense  benefit  to  its  manufactories. 
Who  at' this  period  (1832)  can  form  an  idea  of  the  great 
improvement  in  roads,  canals  and  public  works,  which  the 
corporation,  by  a  judicious  application  of  this  collossal 
sum,  may  not  accomplish  in  the  space  of  twenty  years 
hence  ? 

The  chief  burden  in  the  way  of  expense  to  the  United 
States,  has  been,  the  paying  off  the  capital,  and  interest 


AMERICA  AND  THE  AMERICANS.          231 

on  the  debt,  contracted  during  the  last  war  (1812).* 
During  the  war  of  the  Revolution,  the  United  States,  in 
order  to  meet  its  engagements,  and  at  the  commencement 
not  being  even  in  a  position  to  obtain  a  loan,  were  obliged 
to  issue  a  paper  circulation,  similar  to  the  French  system 
of  mortgage — bought  up  "  aux  prix  de  la  place,"  which 
gave  an  appearance  of  bankruptcy,  but  which  was  not  so 
"  de  facto,"  for  as  this  paper  had  been  distributed  at  par, 
and  during  its  circulation  gradually  but  imperceptibly  de 
preciated  in  value,  the  last  holder  lost  no  more  than  the 
former,  and  their  comparative  losses  were  exactly  equal 
to  the  portion  they  would  have  had  to  pay,  towards  any 
tax,  which  might  be  raised  to  buy  it  in  again  at  par. 
Such  a  course,  would,  however,  have  given  an  unjust 
advantage  to  the  actual  holders  over  those,  at  whose 
hands,  by  previous  circulation,  they  had  purchased  them. 
At  the  beginning  of  the  last  war,  the  credit  of  the 
United  States  was  extremely  low  ;  they  however  mana 
ged  to  effect  loans,  since  which  period  they  have  all  been 
paid  off,  with  the  exception  of  between  thirty  to  thirty- 
five  millions  of  dollars — which  will  be  so  in  the  course  of 
two  or  three  years.  The  States  will  then  find  themselves 
in  the  possession  of  an  overplus  revenue  of  between  twelve 
and  fifteen  millions  of  dollars  a  year ;  and  they  are  even 
now  discussing  the  question  of  its  appropriation.*  This 

*  On  the  30th  June  1846,  $'32,568.07  was  paid  off  on  the  old  debt. 
On   the  30th  June  1847,      8,081.69 

The  public  debt  of  the  United  States  on  the  1st  of  December  1847, 
amounted  to  $45,659,659. 

*  The  revenue  of  the  United  States  in  1791,  was      $4,399,473. 

"   1847,     "       26,346,790. 
Imports  in  1791,  $  52,200,000. 

"  1847,    146,545,638. 
Exports  in  1791,  $  19,012,041. 

"  1847,    158,648,622. 
Tonnage  in  1791,      $    502,146. 

«  1847,        2,839,046. 


232  AMERICA  AND  THE  AMERICANS. 

question  is  more  difficult  in  solution  than  would  at  first  ap 
pear,  for  should  it  be  in  contemplation  to  diminish  the  taxes, 
in  such  manner  as  merely  to  leave  a  revenue  to  meet  the 
expenses,  all  the  manufacturers  would  be  ruined,  who 
have  employed  their  capital  solely  dependent  on  the  faith 
of  the  nation.  I  am  anxious  the  tariff  should  be  subject 
to  considerable  modifications,  but  graduatim,  and  not  in 
such  manner  as  to  operate  as  a  disastrous  check  to  manu- 
factural  industry ;  from  which  all  classes,  from  one  cause 
or  other,  would  be  the  sufferers.  One  party  has  proposed 
to  divide  the  surplus  revenue  between  the  different  States, 
in  given  proportion — this  however  would  lead  to  unfortu 
nate  consequences.  The  equilibrium  between  the  power 
of  the  government  of  the  States,  and  that  of  the  Federal 
government,  would  be  sacrificed  to  the  advantage  of  the 
former ;  leaving  out  of  the  question  the  impossibility  of 
establishing  a  mode  of  proportion,  which  would  appear 
equitable  in  the  eyes  of  all.  Another  would  have  this 
surplus  applied  by  the  Federal  government  for  the  erec 
tion  of  works  of  public  utility.  This  is  again  more  objec 
tionable,  from  which  the  independence  of  the  different 
States  would  suffer.  In  my  humble  opinion  a  medium 
course  would  be  preferable.  During  the  first  years,  I 
would  suggest  the  employment  of  this  surplus  revenue, 
at  once,  towards  the  erection  and  completion  of  the 
immense  and  extensive  line  of  fortifications  alone:  our 

C5 

coast,  which  the  United  States  have  undertaken,  on  so 
gigantic  a  scale.  This  accomplished,  the  government 
should  devote  a  given  sum,  or  proportion,  to  all  incorpora 
ted  societies  for  public  works  throughout  the  States. 
In  this  manner,  the  government  would  year  by  year 
accumulate  a  capital  of  from  12  to  15  million  of  dollars, 
in  road  and  canal  shares,  which  would  yield  a  considerable 
interest,  and  which  sum  might  be  again  employed  in 
new  and  beneficial  enterprises.  By  this  means,  should 
a  war  occur  or  any  chance  circumstance  which  would 


AMERICA  AND  THE  AMERICANS.          233 

call  for  unexpected  expenditure  in  the  public  revenue, 
instead  of  raising  loans,  the  government  have  only  to  send 
their  shares  to  the  money  market,  and  sell  at  prices  current 
a  sufficient  number  to  meet  the v emergency. 

Should  the  Union  remain  in  the  same  peaceful  state  in 
which  it  is  at  the  present  day  (1832)  for  ten  years 
longer,  she  would,  by  these  means,  find  herself  elevated 
not  only  beyond  the  necessity  of  having  recourse  to  such 
expedients,  but  she  might  in  the  course  of  time,  undertake 
public  works  which  would  throw  even  the  vaunted  Pyra 
mids  of  Egypt  in  the  shade  ! 

In  the  eyes  of  the  European,  projects  of  this  descrip 
tion  appear  gigantic,  but  they  are  riot  so  to  an  American. 
Our  government  would  only  be  doing  what  many  individu 
als  and  corporations  have  done. before  it ;  and  in  fact,  the 
rapidity  with  which  fortunes  are  made  and  capitals  amassed 
in  the  United  States  almost  exceeds  belief.  The  demand 
for  capital  is  such,  and  our  commercial,  manufacturing  and 
agricultural  enterprises  so  numerous,  that  however  large 
and  quick  the  increase,  it  is  immediately  absorbed.  Capi 
tal  can  always  command  from  seven  to  eight  per  cent,  in 
terest,  and  bring  generally  much  more  to  those  who  em 
ploy  it  for  such  purposes. 

That  which  produces  the  genius  of  industry  in  Europe 
is  the  superabundance  of  its  capital ;  while  in  America, 
the  various,  degrees  of  industry  have  no  other  limit,  but 
their  rarity.  It  therefore  becomes  necessary,  in  order  to 
obviate  this  inconvenience,  to  adopt  a  system  of  universal 
credit,  thereby  permitting,  as  it  were,  the  creation  of  ficti 
tious  capital.  Hence  we  have  recourse  to  such  means — 
long  credit  being  generally  granted  on  all  loans.  A  mer 
chant  frequently  purchases  a  cargo  at  three  months  credit, 
which  he  knows  must  be  sold  at  a  loss,  at  Cuba  for  exam 
ple,  but  he  will  immediately  find  means  of  borrowing 
anew  the  value  of  the  cargo,  making  it  over  as  securi 
ty.  With  these  two  sums  collectively,  he  will  bring  back 


234          AMERICA  AND  THE  AMERICANS. 

in  return  a  shipment  of  sugar  and  coffee,  having  already 
realized  large  profits,  before  either  of  the  respective  claims 
upon  him,  or  the  custom  house  duties  of  importation,  be 
come  due. 

In  general,  the  merchants  residing  in  the  capitals  sell  to 
those  retailing  in  the  smaller  towns,  or  country,  at  a  credit 
of  six  months  or  a  year.  These  latter,  also,  make  similar 
arrangements  with  the  planters,  many  of  whom  have  paid 
for  their  estates,  and  even  the  purchase  of  their  slaves,  by 
the  produce  of  these  very  estates,  or  some  profitable  specu 
lation.  All  is  speculation  !  few  or  none  live  on  the  inter 
est  of  their  money,  or  their  funded  property  exclusively ; 
all  is  activity,  enterprise,  speculation  and  chance  !  By 
these  means,  immense  profits  are  often  realized — while 
often,  on  the  other  hand,  one  false  calculation  leads  to 
immediate  ruin.  As  the  general  capital  of  the  nation  in 
creases  annually,  to  an  immense  degree,  some  are  led  to 
imagine  that  every  body  must  be  prosperous.  Although 
this  idea  is  some  what  fallacious,  it  is  clear  that  the  winners 
bear  a  far  greater  proportion  to  the  losers,  in  this  general 
lottery.  Take  the  following  case  as  one  specimen  of  "  en 
terprise."  A  carpenter  from  New  England,  who,  like  all 
Yankees  of  his  class,  has  been  well  educated,  quits  his 
little  town,  where  he  has  no  hope  beyond  the  routine  of 
a  carpenter's  existence  all  his  life,  and  establishes  himself 
in  a  new  western  country,  on  the  banks  of  some  great 
river.  At  first  he  starts  as  a  boat  contractor,  and  under 
takes  to  construct  either  private  dwellings,  or  public  edi 
fices  on  credit,  he  himself  paying  his  workmen  on  credit, 
lives  on  credit,  and  has  credit  with  his  tailor,  &c.  In  all 
this  he  succeeds ;  he  then  purchases  a  piece  of  land,  on 
which  he  erects  either  mills  or  a  factory  ;  he  has  no\v 
started  anew,  as  a  miller  or  manufacturer.  He  now  pro 
ceeds  himself  with  his  first  consignment  as  far  as  New 
Orleans,  where  he  enters  into  other  commercial  specula 
tions,  perhaps  buys  a  steamboat,  establishes  himself  in  some 


AMERICA  AND  THE  AMERICANS.          235 

large  town,  where,  by  a  false  calculation,  he  losse  all. 
This,  so  far  from  daunting  him,  is  but  a  "  spur  to  his  am 
bition,"  and  he  begins  again  !  So  far  from  discourage 
ment,  being  a  man  of  known  enterprise,  who  has  already 
made  money,  but  lost  it  through  misfortune,  he  will  im 
mediately  find  some  individual  or  company,  who  will 
intrust  him  with  the  erection  of  a  house,  the  direction  of  a 
building  yard,  the  management  of  a  plantation,  or  the  com 
mand  of  a  steamboat ;  the  consequence  is,  that  he  in  fact 
enters  into  his  new  career  with  far  more  prosperous  views 
than  in  the  one  in  which  he  originally  embarked. 

Supposing  him  to  have  undertaken  the  administration 
of  a  plantation,  he  is  at  once  in  the  position  of  an  over 
seer,  or  manager.  Nothing  can  prevent  him  during  that 
period  from  economizing  his  salary,  and  engaging  in  private 
speculations  (often  at  the  expense  of  his  employer).  At 
the  expiration  of  a  year  or  two,  he  will  have  succeeded, 
or  if  he  should  have  failed,  he  seeks  out  some  new  region, 
selects  his  spot  of  land  (on  the  banks  of  some  river), 
where  he  constructs  a  ferry-boat,  and  begins  the  world 
again  as  an  inn-keeper,  mechanic,  or  "  Jack  of  all  trades." 
If  he  be  a  clever,  agreeable  fellow,  he  soon  becomes  po 
pular,  and  may  be  even  an  influential  man  in  the  district. 
He  is  first  elected  an  officer  of  the  militia,  then  justice  of 
the  peace,  then  a  member  of  the  legislature,  and  to  crown 
all,  member  of  Congress  !  Then  in  that  exalted  arena,  he 
argues  the  point  with  the  first  men  of  his  country,  by 
which  he  at  least  gains  some  additional  experience,  in  a 
knowledge  of  men  and  things  ;  to  all  this  he  gradually  ac 
customs  himself — accommodates  himself  to  the  manners 
of  society,  and  becomes  a  fine  talker,  if  he  was  not  so  be 
fore,  and  perhaps  after  all  winds  up  his  "  strange  eventful 
history"  by  taking  to  the  law. 

It  often  happens,  however,  that  these  ambitious  views 
and  "  public  affairs"  tend  to  divert  his  attention  from  his 
own  particular  matters  of  business — politics  change — his 


236          AMERICA  AND  THE  AMERICANS. 

party  is  overthrown — he  gets  thrown  out  of  his  election, 
and  becomes  again  the  simple  matter-of-fact  man  of  busi 
ness,  which  I  had  the  honor  of  introducing  to  }~ou  impri 
mis,  and  still  nothing  daunted  he  begins  again ! 

It  not  unfrequently  happens,  however,  that  he  becomes 
Governor  of  his  own  State,  a  director  of  the  bank,  or 
winds  up  his  honorable  and  laborious  career,  as  a  Judge  of 
one  of  the  Supreme  Courts. 

There  are  but  few  of  the  most  distinguished  Americans 
among  us,  who  have  not  undergone  some  or  other  of  these 
ordeals  "  which  flesh  is  heir  to,"  or  who  have  not  been 
engaged  in  occupations  of  the  most  opposite  character. 

At  one  moment  your  friend  may  be  an  advocate,  some 
years  after  you  may  find  that  friend  at  the  other  end  of  the 
Union,  as  captain  of  a  ship,  planter,  officer,  merchant,  or 
even  as  an  expounder  of  the  scriptures — and  who,  per 
haps,  in  a  succession  of  years,  may  have  run  through  all 
the  characters  ;  and  although  he  may  not  have  realized  a 
fortune,  either  by  his  own  fault,  or  that  of  his  "  evil  star," 
the  community  in  some  way  or  other  derive  advantages 
from  his  labors,  for  the  tree  which  he  has  planted  in  the 
desert  of  his  speculations  bears  with  it  its  fruit,  whether 
it  assuage  his  own  thirst  or  that  of  the  traveler. 

In  order  to  facilitate  as  much  as  possible  this  progressive 
movement,  often  so  rapid,  turbulent  and  irregular,  the 
banking  system  was  established,  and  for  its  development, 
affording  the  greatest  latitude  imaginable.  There  is  very 
little  silver  circulation  in  the  United  States,  comparatively 
speaking  ;  that  is  kept  pent  up  in  chests  and  barrels,  duly 
sealed  and  labelled,  and  only  quits  one  banker's  vaults,  to 
be  carried  in  cart  loads  to  the  banking-house  of  another. 
The  banking  firms  generally  put  in  circulation  bills  to 
three  or  four  times  the  amount  of  their  capital ;  they  are 
sometimes  for  a  very  small  amount,  and  in  the  South  even 
so  low  as  six  and  a-quarter  cents.  In  some  States  they 
cannot  pass  under  a  dollar,  while  the  United  States  Bank 


AMERICA  AND  THE  AMERICANS.          237 

circulates  none  under  five  dollars.  These  banks,  amount 
ing  to  an  infinite  number,  are  formed  by  companies  in 
shares,  the  shareholders  every  year  electing  directors, 
who  also  elect  a  president  or  governor  ;  also  a  cashier, 
and  all  the  subordinate  officers.  These  officers  con 
duct  all  the  affairs  of  the  society  and  receive  the  de 
posits,  discount  bills,  lend  out  money  on  interest,  and  in 
fact,  engage  in  every  affair  requiring  the  advance  of  capi 
tal.  The  banks  are  bound  to  take  up  their  bills  in  cash 
payment,  whenever  they  may  be  presented.  They  have 
open  accounts  with  each  other — often  the  States  them 
selves  take  shares  in  these  banks.  In  the  midst  of  the 
enterprise  and  rivalry  among  these  establishments,  some 
times  aiding  each  other,  at  others  being  in  competition, 
the  great  Leviathan,  the  United  States  Bank,  extends  its 
branches,  and  discounting  offices,  and  depots,  from  one  end 
of  the  Union  to  the  other.  It  is  this  which  regulates  the 
mechanism  of  the  whole,  preventing  any  sudden  convul 
sion  among  them.  Before  its  establishment,  many  banks 
could  suspend  payments  in  specie,  their  paper  circulation 
became  subject  to  changes,  as  also  the  rate  of  discount  be 
tween  one  town  and  another,  and  arranged  in  such  a  man 
ner,  that  the  government  became  always  a  considerable 
sufferer.  At  present,  however,  all  these  banks  are  debtors 
to  that  of  the  United  States  ;  it  takes  upon  itself  the 
transport  of  moneys  to  and  from  all  parts  of  the  Union, 
at  a  discount  which  can  in  no  case  exceed  two  per  cent., 
and  which  generally  with  the  government  and  in  individ 
ual  cases  is  done  at  par  ;  the  other  banks  are  consequent 
ly  obliged  to  reduce  their  discount  to  the  same  level,  with 
out  which  they  could  do  nothing.  All  these  banks  circu 
late  an  immense  mass  of  capital,  and  with  incredible  ra 
pidity.  They  set  in  motion,  animate  and  stimulate  the 
energy  and  enterprise  of  the  whole  system  of  American 
industry.  On  the  other  hand,  the  enormous  risks  to  which 
so  many  opposing  interests  must  necessarily  give  rise,  are 


238          AMERICA  AND  THE  AMERICANS. 

in  a  measure  met  by  innumerable  insurance  societies  ;  they 
are  constituted  on  the  same  principle  as  the  banks,  and 
afford  protection  against  every  species  of  loss  or  disaster. 
Many  manufacturing,  mining  and  other  companies  form 
themselves  also  into  similar  establishments,  and  enjoy  si 
milar  privileges  of  issuing  bills,  together  with  others  grant 
ed  them  by  the  Legislature.  The  roads,  canals,  bridges, 
railroads,  and  in  fact  all  the  public  works,  are  constructed 
under  a  similar  system.  All  these  societies  are  corporations, 
having  a  civil  and  political  existence,  and  can  sue  at  law 
or  be  sued  like  private  individuals.  Each  employs  its  own 
counsel,  architect,  engraver,  engineer,  &c.,and  becomes  a 
source  of  immense  prosperity  and  advantage  for  the  towns 
wherein  they  have  their  establishments.  It  is  true  they 
are  liable  to  reverses  and  failures,  but  such  occurrences 
are  extremely  rare.  Strangers  who  have  transactions  in 
the  United  States  not  unfrequently  complain  of  the  bad 
faith  and  instability  attending  commercial  speculation  here. 
This  I  attribute,  in  a  great  measure,  to  their  own  improvi 
dence  in  the  selection  of  their  correspondents,  to  whom 
they  carelessly  leave  the  whole  responsibility  and  manage 
ment.  Frequently  it  happens  that  fertile  lands  have  been 
discovered  in  a  certain  locality — government  disposes  of 
them  at  a  high  price  to  speculators  ;  hence  arises  a  mo 
nopoly,  people  flock  hither  in  crowds,  works  of  public 
utility  are  established,  shops  are  opened  in  all  directions, 
the  prices  of  land  continue  on  the  increase,  at  last  a  bank 
is  opened,  and  all  presents  a  glowing  scene  of  prosperity ; 
when  lo,  all  at  once,  a  succession  of  bad  harvests  arises,  or 
the  yellow  fever,  or  the  erection  of  similar  establishments 
in  some  more  favorable  locality  takes  place,  from  a  spirit 
of  change  and  love  of  novelty,  while  ruin  or  total  aban 
donment  are  the  results.  The  lands,  which  had  risen  in 
price  far  above  their  real  value,  are  sold  for  comparatively 
nothing ;  the  population  finding  that  fortunes  cannot  be 
made  so  quick  as  they  anticipated,  become  dispirited  or 


AMERICA  AND  THE  AMERICANS.  239 

disgusted,  and  abandon  the  place  with  as  much  eagerness 
as  they  evinced  when  taking  possession  ;  and  all  assumes 
the  appearance  of  a  desert,  which  had  so  lately  promised 
to  become,  as  it  wer6,  a  paradise  of  wealth  and  happiness  ; 
while  the  new  locality,  from  experience  gained  from  the 
causes  of  the  failure  of  the  former,  becomes  appreciated 
at  its  real  value,  which  is  established  on  a  permanent 
basis,  that  is,  as  far  as  possible  in  a  country  rising  so  ra 
pidly  in  the  career  of  civilization  and  prosperity  as  the 
United  States  of  America.  That  individual,  therefore,  is 
fortunate  who,  studying  the  characteristics  of  the  people 
and  their  institutions,  as  also  the  geography  of  the  coun 
try,  its  climate  and  productions,  knows  how  and  when  to 
speculate  ;  but  woe  to  him,  particularly  the  European, 
who,  devoid  of  all  local  knowledge,  engages  in  an  enter 
prise,  whatever  be  its  nature,  through  the  advice  of  friends 
who  are  themselves  interested  therein,  or  who,  acting  with 
perfect  good  faith,  form  a  wrong  estimate  of  the  matter. 
For,  like  Panurgus,  he  is  certain,  in  buying  dear  and 
selling  cheap,  to  arrive  at  the  same  result,  and  be  ruined, 
unless  he  possess  the  courage,  presence  of  mind  and  flexi 
bility  of  character  of  the  American,  who  bears  up  against 
every  obstacle  ;  and  who,  possessing  the  faculty  of  priests 
and  cats,  when  he  falls,  invariably  manages  to  come  down 
upon  his  legs. 


FINANCES  OF  NEW  YORK  CITY. 

Receipts,  $5,392,674 ;  Expenses,  $5,557,213 ;  Taxable  Real  Estate, 
$187,315,386;  Taxable  personal  property,  1848,  $59,837,917;  Per 
cent-age  of  tax,  1.11. 

Revenue  of  Croton  Aqueduct  from  May  1,  1847,  to  May  1,  1848, 
$226,551.83,  being  an  excess  over  the  preceding  year  of  $32,000.49. 

BANKS  OF  NEW  YORK   STATE. 

Resources  (167  banks,  2  branches),  $132,249,276;  Liabilities 
(167  banks,  2  branches),  $132,249,276. 

Aggregate  amount  in  circulation  (Dec.  1st,  1847,)  of  all  the  free 
banking  associations  and  individual  bankers  in  operation,  $10,366,- 
654 ;  Securities  deposited  for  the  I'edemption  of  these  bills,  at  same 
date,  $11,100,253. 


CHAPTER    XI. 

MANNERS,  FINE  ARTS  AND  LITERATURE. 

The  field  of  Literature — Periodical  Press,  its  virulent  party  spirit 
in  the  Contested  Election  of  Adams  and  Jackson — Love  of  Political 
Controversy — Character  of  the  American — Comparison  with  the 
English — Peculiar  Classes  of  Society — Immigrants  in  New  York, 
Boston  and  United  States — Broadway  of  New  York — Society  of 
Philadelphia — Its  Quakers —  Wistarparties— Charleston— Its  "su- 
perior  Society — Richmond — Hospitality  of  the  Virginians — New 
Orleans — The  "  Babylon  of  the  West" — Society  in  Washington — 
Belles  and  Heiresses — Conquest  of  the  "Belle" — Choice  of  a  Hus 
band — A  Female  Congress — Dangerous  to  the  Southern  Deputies 
— The  Ladies  harmonizing  the  "  ties  of  Matrimony"  and  the  Re 
public. 

IF  the  government  of  the  United  States  is  established 
on  a  hitherto  unknown  and  new  principle — at  least  in  its 
application,  that  of  the  sovereignty  of  the  people  in  its 
most  absolute  sense,  society  itself  also  as  regards  indi 
vidual  intercourse  is  equally  so. 

There  exists  no  aristocracy  of  birth.  The  acquisition 
of  wealth  affords  physical  advantages  by  purchase,  while 
talent  and  merit  have  no  limits  to  their  just  ambition.  All 
in  our  republican  system  are  strictly  classed  according  to 
their  individual  capacity,  and  in  this  sense,  the  road  to 
fame  and  fortune  is  open  to  all.  This  system  is  based  on 
the  most  absolute  principles  of  liberty  ;  and  perfect  inde 
pendence  is  the  result.  Active,  energetic,  and  persever 
ing  competition  is  the  secret  main-spring  to  our  American 
system — fortune,  power,  love  and  riches,  all  these  treas 
ures,  are  the  rewards  of  the  skillful  and  enterprising.  All 
are  welcome  to  the  banquet — all  are  equal  in  point  of 
right,  and  have  an  equal  chance  of  success  ;  and  if  in  one 
case,  fortune  offers  superior  advantages — it  possesses  not, 
on  the  other  hand,  that  necessary  animus  which  calls  forth 
energy  of  action,  in  one  less  fortunate.  Wealth  in  itself 


AMERICA  AND  THE  AMERICANS.          241 

cannot  render  a  man  the  bit  the  wiser,  nor  make  a  man 
intellectual,  who  is  naturally  a  fool,  but  on  the  contrary 
places  his  own  fortune  in  jeopardy,  from  the  attacks  of  the 
more  wily  and  enterprising  of  his  species.  A  man  once 
engaged  in  a  career,  no  matter  what,  if  lie  possess  not 
activity  and  energy,  will  find  himself  outstripped  in  the 
race  to  fortune  by  younger  and  more  persevering  rivals. 
The  continual  competition — this  unceasing  strife  as  it 
were,  of  all  against  all,  creates  an  activity  in  the  general 
intercourse  of  society,  producing  the  most  happy  results. 
Whatever  be  our  career  we  become  entirely  dependent  on 
public  opinion.  This  holds  a  despotic  sway,  and  classes 
each  according  to  his  works  and  capacity,  for  it  is  ever 
disinterested,  and  rarely  errs  in  its  judgment.  To  form 
this  however,  the  greatest  publicity  is  required  ;  and  such 
is  the  system  of  our  regime  in  the  United  States,  that  for 
the  accomplishment  of  this  the  greatest  facilities  are 
afforded.  The  press  is  completely  unfettered — the  publi 
cation  of  journals  and  their  circulation,  far  from  meeting 
with  obstacles  in  the  shape  of  caution  money,  fees  of  securi 
ty  or  stamp  duties,  meets  with  the  most  liberal  encourage 
ment.  Hence  they  are  innumerable.  Every  town  abounds 
with  them,  and  every  village  possesses  at  least  one — while 
every  shade  of  opinion,  howrever  trilling  it  be,  has  its 
interpreter.  All  is  known  and  commented  upon ;  hence, 
in  the  States,  the  only  means  of  escaping  scrutiny  is  to 
have  no  secret.  Thus  with  such  a  system  of  intelligence, 
public  opinion  seldom  errs  in  its  judgment  or  verdict.  I 
will  not  here  undertake  a  defense  of  the  American  periodi 
cal  press  in  general,  for  among  the  generality  of  them 
there  are  few  really  good  ones  in  proportion  to  their 
quantity,  while  others  again  exercise  little  delicacy  in  their 
means  of  sustaining  the  good  opinion  of  the  public.  Their 
violent  party  virulence,  however,  carries  with  it  its  own 
counter-poison  ;  moreover  a  personality  has  always  its 
reply,  and  hence  it  follows,  that  the  coarse,  evil  tone  of 
11 


242          AMERICA  AND  THE  AMERICANS. 

expression  which  they  indulge  in,  has  a  direct  tendency  to 
familiarize  the  ears  of  its  readers  to  the  reproaches  of  the 
opposite  party. 

During  the  contested  election  between  Adams  and 
Jackson,  the  journals  of  both  parties  took  so  virulent  a 
tone  and  published  so  many  gross  calumnies,  that  it 
became  really  disgusting  to  peruse  them.  Whoever  be 
lieved  in  them,  would  have  sincerely  lamented  the  fate  of 
the  nation,  being  compelled  to  choose  between  two  such 
rascals,  as  the  candidates  were  represented  to  be,  by  the 
journals  of  the  opposing  parties.  To  be  just  however,  I 
must  observe  the  great  difficulty  which  exists  in  the 
elections  in  the  United  States,  of  making  a  selection  among 
many  of  equal  claims  and  merit.  The  republic  is  advancing 
tranquilly,  but  rapidly  in  the  road  to  prosperity,  without 
presenting  any  of  those  violent  and  sudden  events,  which 
call  forth  talents  of  a  superior  order  in  an  emergency.  We 
can  boast  of  people  possessing  the  highest  order  of  merit, 
and  that  in  abundance,  but  it  is  almost  impossible  in  the 
state  of  tranquillity  we  enjoy,  to  elevate  themselves  to  a 
position  above  the  order  of  merit  immediately  below  them. 
Hence  it  follows,  that  the  less  difference  there  exists  in 
the  merits  of  two  candidates,  the  more  will  those  merits 
be  eulogized  and  exaggerated  by  the  journals  of  their  respec 
tive  parties  :  the  difference  being  so  trifling  as  not  to  be 
perceptible,  were  it  not  multiplied  through  a  thousand 
channels  on  the  road  to  public  opinion. 

One  of  the  most  remarkable  results  of  this  publicity  is 
the  interest  which  each  individual  takes,  in  the  politics  of 
the  day  ;  hence  the  general  topic  is  always  the  same, 
in  whatever  society  you  may  appear :  the  coachman  may 
be  heard  at  the  corner  of  the  street  disputing  the  merits 
of  the  candidates  with  the  porter,  while  the  lawyer,  the 
planter  and  the  clergyman,  dining  at  the  rich  merchant's 
table,  all  tender  their  various  comments  and  opinions. 
The  forthcoming  election,  a  measure  proposed  either  in 


AMERICA  AND  THE  AMERICANS.          243 

Congress,  the  Legislature  of  the  State,  or  the  last  impor 
tant  law  process — form  the  subject  of  conversation,  and 
opinions  are  differently  expressed,  according  to  the  different 
circles.  The  subject  is  ever  the  same,  and  equally  under 
stood  by  all,  since  these  various  journals  are  read  by  all 
classes  of  the  community. 

It  is  easy  to  imagine  where  such  a  unanimity  of  opinion 
exists  in  a  nation,  such  similitude  in  tastes  and  intellectual 
occupations,  the  diiferences  between  the  classes  of  which 
society  is  composed,  is  altogether  chimerical.  I  do 
not  from  this  mean  to  imply,  that  there  exists  not  in  the 
States  several  circles  of  society,  for  it  cannot  be  other 
wise  in  every  civilized  country  ;  I  mean  to  say,  however, 
that  the  limits  which  divide  .them  are  so  slender,  that 
though  there  be  many  circles,  there  exists  no  distinction 
of  rank  or  caste. 

The  American  is  mild  and  polite,  but  bears  the  impress 
of  all  the  conscious  pride  which  a  free  and  independent 
man  should  possess  ;  he  pretends  to  no  superiority,  but 
on  no  account  will  he  submit  to  be  treated  as  an  inferior. 
Each  considers  that  he  is  working  for  a  livelihood,  and  far 
from  indulging  in  sloth  or  idleness,  he  holds  them  in  con 
tempt,  and  deems  all  honest  callings  are  equal  in  dignity, 
though  requiring  different  degrees  of  talent,  yet  claiming 
the  distinctive  right  of  unequal  retributions.  The  servant 
of  a  lawyer,  or  a  doctor,  for  instance,  sees  no  material 
difference  between  himself  and  his  employer,  the  word 
master  being  confined  to  the  colored  classes.  The  one 
brushes  clothes,  the  other  pleads  causes — feels  pulses — 
another  preaches — judges  a  case — makes  laws  or  assumes 
the  government — and  all  to  gain  money  ;  with  this  differ 
ence,  that  each  follows  his  peculiar  calling  to  enrich  him 
self  as  best  he  can.  To  this  effect,  the  servant  will  be 
submissive  and  attentive,  but  as  soon  as  he  thinks  he  can 
better  his  position,  he  quits  his  master,  and  on  no  account 
will  he  submit  to  be  insulted  or  ill  treated.  If  he  fall  ill 


244          AMERICA  AND  THE  AMERICANS. 

or  has  a  lawsuit,  he  appeals  to  his  employer  ;  pays  him  and 
considers  quoad,  a  change  of  position  between  them. 

This  spirit  of  independence  is  the  distinctive  character 
istic  between  the  English  and  American  habits,  though 
they  closely  resemble  each  other  both  externally  and 
physically.  If  you  enter  what  is  called  the  first  society 
in  New  York,  you  will  find  little  perceptible  difference 
between  their  manners  and  those  of  a  similar  class  in 
England.  At  New  York,  this  society  is  chiefly  composed 
of  merchants,  raised  to  fortune's  pinnacle  with  newly 
acquired  wealth,  which  the  chances  are,  they  do  not  re 
tain  ;  and  avail  themselves  of  their  prosperity  to  indulge 
in  every  luxury.  Many  have  made  the  voyage  to  Europe, 
and,  in  many  cases  imitate  the  follies  and  exclusive  man 
ners  of  which  they  had  been  the  victims  on  the  other  side 
of  the  Atlantic — affect  to  value  everything  foreign,*  and 
to  look  back  upon  America  as  an  uncivilized  country, 
where  nothing  recherche  or  elegant  has  been  invented, — 
not  even  a  polka,  or  "  gigot  de  mouton  "  sleeves.  Men 
of  this  class  of  society  feign  indifference  to  politics,  or  at 
least  do  not  make  it  the  subject  of  conversation,  as  being 
too  vulgar,  and  of  "  mauvais  ton  "  in  London. 

Next  to  this  society,  is  that  formed  by  a^lass  of  mer 
chants,  ship-owners,  lawyers,  doctors,  and  the  magistracy. 
This  class  is  truly  American — has  a  perfect  contempt  for 
the  follies  of  European  extravagancies  ;  while  their  con 
versation  is  sound,  intelligent,  and  instructive,  and  chiefly 
runs  upon  the  politics  of  the  day,  and  their  own  peculiar 
affairs.  The  society  of  New  York  is  more  tainted  with 
European  manners  than  any  other  city  of  the  Union  ;  this 

*  I  myself  remember  a  gentleman  whose  fortune  enabling  him 
to  visit  Italy,  had  an  inveterate  monomaniacal  feeling  of  talking  of 
Rome  and  the  Romans ;  and  to  such  an  extent  did  he  carry  his 
conversation,  that  he  has  been  known  to  compare  a  molehill  in  the 
vicinity  of  his  residence  to  the  splendid  fortress  of  the  castle  of 
St.  Angelo  at  Rome,  reminding  one  very  much  of  the  antiquarian 
of  Sir  Walter  Scott  and  his  "modern  antiquities." — TRANS. 


AMERICA  AND  THE  AMERICANS.  245 

may  not  appear  extraordinary,  considering  the  immense 
number  of  foreigners  continually  arriving  and  resident 
therein.*  It  has  more  theaters  than  any  other  ;  and  boasts 
its  Italian  opera  and  corps  de  ballet.  There  also  exists 
more  dissipation  and  extravagance.  The  great  street, 

*  From  1790  to  1840  the  number  of  immigrants  who  had  arrived 
in  the  United  States,  amounted  to  2,058,655.  This  number  may 
appear  incredibly  large;  but  the  census  of  Boston,  taken  in  1845, 
shows  that  foreigners  made  up  one-fourth  of  the  population  of  the 
city,  and  if  their  children  be  counted  with  them,  they  constitute 
one-third  of  the  whole  number  of  citizens.  Nearly  two-fifths  of 
the  citizens  of  New  York,  according  to  the  enumeration  of  1845, 
are  of  foreign  birth,  and  if  their  children  be  added,  they  form  a 
majority  in  the  city ;  more  than  one-eighth  of  the  population  of  the 
State  of  New  York  are  foreigners.  If  we  add  the  immense  Ger 
man  population  in  Pennsylvania,  Ohio  and  other  States,  the  con 
clusion  at  which  we  had  just  arrived,  that  more  than  two  millions 
of  immigrants  came  hither  in  the  half  century  preceding  1840,  will 
not  seem  extraordinary.  And  their  number  is  increasing  with 
marvelous  rapidity  ;  it  is  quite  certain  that  as  many  as  250,000 
arrived  in  the  single  year  1847.  The  day  on  which  I  myself  ar 
rived  here  from  the  West  India  colonies,  more  than  2000  European 
immigrants  landed  at  New  York. — TRANS. 

FOREIGN  IMMIGRATION. — A  meeting  was  held  last  evening  at 
No.  132  Court  street,  in  this  city,  to  consider  the  subject  of  making 
some  provision  for  the  numerous  immigrants  who  are  now  flocking 
to  our  shores.  A  plan  was  submitted  to  the  meeting  by  Mr. 
Mooney,  which  contemplates  the  organization  of  an  Immigrant 
Land  Company,  who  are  to  furnish  immigrants  with  a  farm,  house 
and  stock  on  easy  credit,  at  a  remunerative  cost  and  charges.  It 
is  proposed  to  commence  with  a  capital  of  $100,000;  this  capital 
to  be  divided  into  shares  at  fifty  dollars  each.  With  this  fund 
farms  are  to  be  purchased  in  the  western  country,  plowed  and 
stocked,  and  comfortable  houses  erected  thereon.  It  is  estimated 
that  the  tenth  part  of  the  annual  produce  of  his  farm  will  enable 
the  immigrant  to  pay  for  it  in  seven  years. 

The  State  of  Wisconsin  has  been  selected  as  the  most  suitable 
locality  for  making  purchases  of  land.  An  agent  is  shortly  to  be 
appointed  who  will  proceed  to  that  State  to  select  suitable  tracts, 
and  .1  permanent  agent  is  afterward  to  be  appointed  to  superintend 
the  operations  of  the  company  in  that  region.  Agents  are  also  to 
be  appointed  in  the  various  seaports,  who  will  cooperate  with  the 
company. 

A  committee,  with  Mr.  J.  W.  James  at  its  head,  was  appointed  to 
make  all  requisite  preliminary  inquiries,  and  to  digest  a  plan  for 
raising  the  necessary  funds.  They  are  to  report  at  an  adjourned 
meeting. — Boston  Traveler,  April  28. 


246          AMERICA  AND  THE  AMERICANS. 

called  Broadway,  affords  an  excellent  idea  of  America, 
to  the  European  on  his  arrival.  After  Regent  street,  in 
London,  it  is  the  finest  street  in  the  world.  Its  capacious 
footpaths,  ornamented  with  elegant  shops,  are  at  certain 
hours  of  the  day  crowded  with  fashionables.  It  is  here 
all  the  beauty  of  New  York  promenade,*  the  admired  of 
the  cavaliers  of  the  other  sex. 

The  society  of  Philadelphia  is  of  a  more  quiet  character. 
The  Quakers  form  a  happy  and  peaceful  population, 
giving  an  air  of  stillness  to  the  place.  Here  the  streets 
are  less  crowded  and  noisy  than  in  New  York.  The  car 
riages  are  less  numerous  ;  the  streets  being  more  cleanly 
and  better  laid  out,f  there  is  little  necessity  for  them. 
Chestnut  Street  is  the  best  constructed,  and  the  one  which 
is  the  favorite  promenade  of  the  fashionables,  and  which 
may  be  seen  by  the  stranger  to  advantage  about  noon,  from 
the  establishment  of  Messrs.  Carey  and  Lea.  The  society 
of  Philadelphia  is  considered  more  intellectual  than  that 
of  New  York  ;  the  professors  of  the  University  there  lead 
the  ton,  which  gives  it  a  slight  degree  of  pedantry.  There 
are  assemblies  of  savans  and  men  of  letters,  called  Wistar- 
parties,  to  which  civilians  possessing  superior  merit  are 
admitted  ;  while  strangers  of  note  are  always  invited  to 
attend.  There  are  fixed  days  appointed  at  the  residences 
of  different  persons  by  rotation,  where  science,  literature, 
the  arts  and  politics  form  the  ordinary  topics  of  conver 
sation,  and  are  conducted  with  much  urbanity,  and  general 
intelligence  ;  these  terminate  with  a  supper,  the  whole 
affording  the  European  guest  a  high  opinion  of  the  intel 
lectual  resources  of  the  city. 

*  One  side  being  selected  "  par  excellence  "  by  the  "  elite." — 
TRANS. 

f  We  may  challenge  the  whole  metropolises  of  the  world,  from 
St.  Petersburg!!  to  Tahiti,  or  "Ballinasloe"  in  Ireland,  to  present 
such  a  disgraceful  and  abominable  filthy  appearance  as  did  the 
streets  of  New  York  during  the  past  winter,  up  to  almost  the  pre 
sent  day;  though,  much  to  their  credit,  denounced  by  the  whole 
city  press. 


AMERICA  AND  THE  AMERICANS.          247 

Charleston,  however,  is  the  city  "  par  excellence"  of 
American  society  and  luxury.  There,  the  company  in 
general  is  composed  of  planters,  lawyers,  doctors,  &c., 
forming  the  most  agreeable  society  I  was  ever  in.  The 
manners  of  the  South  are  elegant  to  perfection,  and  -the 
mind  highly  cultivated,  while  their  conversation  runs 
through  a  variety  of  topics  with  the  greatest  ease,  fluency 
and  grace.  There  is  no  frivolous  affectation  of  foreign 
manners  here — no  religious  hypocrisy  or  pedantry — all  is 
intellectual,  virtuous,  and  rational.  Charleston  forms  the 
ordinary  residence  of  many  of  the  most  distinguished 
members  of  the  Senate  and  State  throughout  the  Union  ; 
who  are  ever  willing  to  impart  information  and  instruction 
to  their  fellow-citizens. 

The  society  of  Richmond  resembles  much  that  of 
Charleston,  and  is  also  very  agreeable.  In  Virginia,  good 
society  is  found  in  every  part  of  the  State  ;  more  so  than 
elsewhere,  from  the  circumstance  of  there  being  no  attrac 
tive  capital  to  give  to  it  an  air  of  exclusiveness.  The 
hospitality  of  the  Virginians  has  deservedly  become  pro 
verbial. 

New  Orleans  forms  in  itself  a  striking  contrast  to  all  the 
other  large  cities, — little  intellectual  conversation  is  met 
with  here, — very  little  instruction, — and  it  contains  (1832) 
only  three  libraries,  to  a  town  of  60,000  inhabitants,* 
while  the  book-stores  contain  works  of  the  worst  descrip 
tion  of  French  literature.  If  there  is  little  conversation, 
however,  ample  means  are  afforded  for  eating,  playing, 
dancing,  and  making  love.  In  one  particular  institution  in 
this  to.wn,  periodical  balls  are  held,  where  the  free  women 
of  color  alone  are  admitted  to  have  the  honor  of  dancing 
with  their  white  masters  ;  while  men  of  color  are  strictly 
excluded.  The  tout  ensemble  forms  a  unique  spectacle, — 
to  behold  some  hundreds  of  lovely,  and  well-made,  and 
well-dressed  women  of  all  castes,  from  cream-color  to 

*  In  1840  the  population  amounted  to  102,193. — TRJLNS, 


248          AMERICA  AND  THE  AMERICANS. 

the  most  delicate  white,  united  in  those  splendid  saloons 
of  luxury  and  dissipation.  Gentlemen  of  the  highest 
class  frequent  these  halls,  which  are  public,  but  conducted 
with  great  propriety.  Gambling-houses  are  very  common 
in  New  Orleans,  wherein  many  a  young  Kentuckian  has 
been  ruined,  who  came  to  pass  the  carnival  in  this  Babylon 
of  the  West. 

The  city,  however,  in  which  American  society  is  seen 
to  the  greatest  advantage  is  Washington,  during  the  win 
ter.  In  summer,  it  is  almost  deserted,  and  chiefly  inhab 
ited  by  those  employed  in  the  departments  of  government. 
The  first  Monday  in  December  is  the  day  fixed  upon  for 
the  annual  meeting  of  Congress.  As  this  period  ap 
proaches,  the  senators  and  representatives  arrive  in  crowds, 
accompanied  by  their  families,  and  followed  by  an  army 
of  place-hunters,  or  people  having  official  engagements 
with  Congress.  The  city  is  soon  filled  ;  the  different  min 
isters  and  diplomatic  corps  give  entertainments  ;  the  mem 
bers  of  Congress  return  the  compliment  in  dinners,  and  if 
the  day  has  been  passed  amid  the  turmoil  of  affairs,  night 
follows  with  its  train  of  pleasures,  in  balls,  routs,  &c. 
The  President  holds  a  levee  once  a  week ;  that  is  to  say, 
once  a  week  he  gives  an  evening  reception  to  all  who  are 
disposed  to  pay  their  respects  to  him.  It  is  conducted 
with  the  most  unassuming  simplicity ;  while  the  affluence 
of  the  visitors,  is  all  that  distinguishes  these  reunions  from 
those  of  any  private  individual. 

The  conditions  being  those  of  equality  in  America, 
parents  seldom  oppose  their  daughters  in  the  choice  of  a 
husband.  Hence,  throughout  the  Union  it  is  so  under 
stood,  that  this  choice  concerns  the  lady  alone  ;  while  it 
rests  also  wilh  their  own  degree  of  prudence,  to  avoid  con 
tracting  a  marriage  with  one  unworthy  of  their  affections. 
Moreover,  the  interference  of  parents  is  looked  upon  as 
an  act  of  indiscretion  in  these  matters.  Nothing  can  be 
more  happy  than  the  lot  of  a  young  American  lady,  from 


AMERICA  AND  THE  AMERICANS.          249 

the  age  of  fifteen  to  five-and-twenty,  particularly  if  she 
possess  the  attraction  of  beauty  (which  they  generally  do), 
and  to  some,  the  more  attractive  possession  of  fortune. 
She  becomes  the  idol  and  admiration  of  all,  and  her  life  is 
passed  amid  festivities  and  pleasure  ;  she  knows  no  con 
tradiction  to  mar  her  inclinations ;  much  less,  refusals. 
She  has  only  to  select  from  a  hundred  worshipers  the 
one  whom  she  considers  will  contribute  to  her  future  hap 
piness  in  life, — for  here  all  marry,  and  with,  of  course, 
some  exceptions,  all  are  happy.  This  "  position  of  a 
belle,"  as  it  is  called,  has  too  much  attraction  in  it  to  be 
so  soon  surrendered,  and  it  is  only  after  having  refused 
several  offers,  that  she  yields  the  field  to  another  "  belle  of 
the  season,"  and  her  heart  to  her  envied  and  fortunate 
suitor.  It  is  to  Washington,  of  all  the  States,  where 
beauty  goes  to  display  her  attractive  graces,  forming  a  sort 
of  female  Congress,*  at  which  beauties  from  all  parts  of 
the  Union  attend.  Here,  some  hot-headed  deputy  from 
the  South  becomes  enamored  of  the  unassuming  charms 
of  a  beauty  of  the  East ;  or  a  daughter  of  Carolina  rejects 
the  advances  of  a  northern  senator.  These  are  only  ex 
ceptions,  however,  for  at  the  end  of  each  session  many 
marriages  are  given  out ;  this  serves  to  bind  more  closely 
the  harmony  and  good  feelings  of  the  States,  and  multiply 
the  links  which  connect  in  an  indissoluble  tie  the  elements 
which  form  this  great  Republic. 

*  In  Paris,  the  ladies  made  an  effort  to  get  returned  as  deputies 
to  the  National  Assembly ;  the  French  cavaliers,  however,  contrary 
to  their  usual  spirit  of  gallantry,  opposed  this  movement  on  the  part 
of  the  political  Amazons.  When  in  Paris,  I  remember  seeing 
ladies  on  the  "  Bourse."  This  was  also  opposed  by  the  authorities, 
probably  from  the  circumstance  of  their  having  already  quite  enough 
authority  over  the  purses  of  the  gentlemen. — TRANS. 
11* 


CHAPTER    XII. 

MANNERS,  &c.,  CONCLUDED. 

Marriage  a  change  in  the  "  Spirit  of  the  Belle's  Dream" — Two 
Classes  of  Inamoratos — Ball  Room,  the  Winter  Champ  dc  Bataille 
of  "  Belles"  and  "  Cavaliers"  at  Washington — Saratoga,  the  Sum 
mer  do. — Hotels  and  "Bird  Cages"  at  Saratoga — The  "Head 
Quarters  of  Lovers  who  have  exchanged  Hearts" — "Court"  Ac 
quaintance — Of  the  Bar — American  and  English  Manners — Anec 
dote  of  Martinique,  Freedom  and  Egalite — Cost  of  Living  among 
the  Americans — Upper  Classes  of  America — Ministers  to  Foreign 
Courts — Literature  and  the  Fine  Arts — "Neglect  of  Genius" — 
Magazines,  £c. — The  State  of  New  York  Celebrated  for  its  Edu 
cational  Establishments — The  Universities — Jesuit  Colleges— Re 
ligious  Convents — Religious  Sects  Opposed — Architecture — Pri 
vate  Residences — Instruction  in  Music — Waltzing — Enlightened 
Change  from  Puritanical  Habits  and  Customs — Corps  de  Ballet — 
Musard's  Carnival — Statuary  and  Paintings — False  Delicacy — 
Opinions  of  Murat  on  the  Present  State  of  the  Fine  Arts  in 
America — Conclusion . 

ONCE  married,  the  habits  of  the  ladies  become  totally 
changed.  Adieu  to  gayety  and  frivolity — not  that  she  is 
the  less  happy,  but  that  happiness  takes  a  more  serious 
air  ;  she  becomes  a  mother,  and  occupies  herself  with  her 
menage,  her  affections  are  entirely  domesticated  ;  while 
to  the  charm  of  admiration  is  added  that  of  esteem  by  all 
who  surround  her.  Everywhere  in  the  United  States, 
society  is  divided  into  two  characteristically  distinct 
classes  ;  that  of  the  unmarried  of  the  two  sexes,  whose 
principal  occupation  consists  in  playing  the  amiable  "en 
inamorata,"  or  in  the  selection  of  a  partner  for  life — the 
other,  they  who  have  already  settled  down  in  that  capaci 
ty.  Of  these  latter,  you  will  observe  the  gentlemen  in  the 
corner  of  a  saloon,  or  forming  groups,  talking  politics,  or 
on  other  matters  of  a  more  domestic  nature,  scarcely  now 
noticing  the  beauties  whom  they  formerly  perhaps  so 
much  admired,  unless  probably  to  pass  good  humored 


AMERICA  AND  THE  AMERICANS.          251 

jokes  on  their  conquests  in  some  little  coquettish  affair.  In 
another  part,  the  matronly  ladies  will  be  discoursing  on 
family  matters,  or  receiving  marked  attention  with  becom 
ing  grace,  and  expressions  of  admiration  from  the  young 
cavaliers  for  their  daughters.  The  ball  room,  for  these 
latter  belles  and  their  admirers,  is  their  regular  champ  de 
bataille.  The  young  ladies  confide  to  each  other  the 
amount  of  declarations  and  refusals,  tendered  during  the 
evening ;  while  a  thousand  little  mignon  coquetteries  are 
resorted  to  in  order  to  induce  the  lover  to  declare  himself, 
and  to  have,  oh  cruel  belles  !  the  agreeable  pleasure  and 
satisfaction  of  tormenting  him  afterwards  by  a  refusal. 
All  the  little  nothings  and  arch  skirmishings  of  this  mimic 
war  are  perfectly  innocent  in  their  way,  for  their  manners 
and  habits  are  of  that  purity  which  sets  at  naught  the 
tongue  of  scandal  or  reproach. 

If  Washington  be  the  theater  of  the  winter  campaign, 
Saratoga  opens  that  of  the  summer.  The  source  whence 
spring  the  mineral  waters  of  the  State  of  New  York  is 
here,  and  to  which  all  the  fashionable  world  of  the  Union 
proceed  on  a  tour,  during  the  months  of  June,  July  and 
August  in  each  year.  The  heat  of  the  climate  of  the 
South,  together  with  the  intermittent  fever,  which  deso 
late  the  plantations  during  that  season,  oblige  the  planters 
to  travel  northward.  They  proceed  with  their  families  to 
New  York,  whence  they  ascend  the  North  River  as  far 
as  Albany,  and  from  thence  proceed  to  Saratoga,  and 
after  a  sojourn  of  some  days  there,  they  go  on  to  the  great 
lakes  ;  then  visit  Niagara — the  grand  Canal,  the  Catskill 
Mountains,  and  perhaps  push  on  as  far  as  Canada. 

During  the  summer  season  the  State  of  New  York  is 
full  of  an  immense  number  of  travelers  and  strangers,  who 
travel  both  for  the  sake  of  health  and  pleasure.  Ai  Sara 
toga  the  greater  part  of  the  visitors  reside  in  immense 
establishments,  many  of  whom  however  are  wretchedly 
accommodated,  or  caged  in  rooms  six  feet  square.  The 


252  AMERICA     AND    THE    AMERICANS. 

public  saloons  however  are  magnificent,  while  the  exteriors 
of  these  buildings  have  quite  a  monumental  appearance. 
The  visitors  rise  early  and  proceed  to  drink  or  assume  the 
intention  of  drinking  the  waters,  then  return  to  a  general 
breakfast.  While  the  papas  and  mammas  have  an  air  of 
ennui,  the  young  ladies  amuse  themselves  with  music,  or 
listen  to  the  more  melodious  notes  of  the  young  gentle 
men,  or  amuse  themselves  by  making  various  excursions 
in  the  neighborhood  of  the  Springs.  The  evenings  are 
devoted  to  dancing.  This  sort  of  local  amusement  soon 
becomes  tediously  monotonous,  and  the  charm  of  novelty 
dies  away  after  a  few  days.  Saratoga  is  generally  the 
summer  head-quarters  for  the  lovers,  who  parted  company 
at  the  close  of  the  winter  season  at  Washington,  while 
they  again  rendezvous  at  this  latter  place  on  their  return 
from  Saratoga.  These  points  of  reunion  and  above  all,  the 
public  sans  fa^on  manner  of  life  adopted,  as  it  were, 
at  the  springs,  offers  every  facility  for  enlarging  the  circle 
of  one's  acquaintance.  In  fact  an  American  or  they  whom 
he  recommends  can  find  friends  throughout  the  Union, 
wherever  they  may  be,  and  are  certain  of  meeting  with  a 
ready  welcome  in  the  true  spirit  of  hospitality. 

In  every  city  the  principal  citizens  or  they  who  hold 
that  position  from  their  influence,  fortune  or  talents,  make 
it  a  duty  to  do  the  honors  of  the  place  to  any  stranger 
who  may  lay  claim  to  such  attentions  ;  and  as  soon  as 
they  are  made  aware  of  this  by  private  intimation  or 
through  the  public  journals,  they  receive  a  visit  and  invi 
tation,  while  the  guest  seldom  quits  the  table  without  re 
ceiving  a  similar  compliment  from  one  of  the  company,  by 
which  means  he  becomes  generally  known  throughout  the 
society  of  the  place.  If  there  are  balls,  or  public  dinners, 
h'e  forms  one  of  the  company  ;  and  if  he  be  one  possessing 
political  influence  or  in  any  manner  distinguished  as  a 
popular  character,  he  is  not  unfrequently  entertained  at  a 
public  dinner  by  subscription.  These  attentions  are  re- 


AMERICA  AND  THE  AMERICANS.          253 

turned  by  the  traveler  as  far  as  circumstances  will  permit, 
on  being  duly  installed  in  his  hotel  or  private  residence. 
Hence  by  the  establishment  of  these  good  offices,  acquaint 
ances  and  friendship  are  improved  and  cemented  the  more 
throughout  the  different  cities  of  the  Union,  one  with 
another.  Independent  of  this,  there  exists  a  perfect 
"  esprit  de  corps"  throughout  the  various  professions, 
more  particularly  in  that  of  the  law.  Thus  fraternizing 
together,  their  practice  is  rendered  the  more  agreeable  ; 
for  however  they  may  dispute  the  point  with  each  other 
iii  the  courts,  the  matter  ends  the  moment  of  their  departure 
thence  ;  hence  you  will  generally  find  that  the  whole  of  the 
members  of  the  same  court  or  circuit  live  on  terms  of  the 
greatest  intimacy.  The  assizes  are  always  a  time  of  festi 
vity  among  them,  for  not  only  those  resident  in  the  same 
city,  but  also  the  principal  citizens  of  the  place,  make  a 
point  of  inviting  the  members  of  the  bar,  the  court  and  its 
officers  to  dinner  by  turns.  When  I  speak  of  good  society, 
I  would  be  understood  to  allude  to  all  classes,  with  this 
observation  however,  that  in  proportion  as  we  descend 
the  scale,  it  is  natural  to  conclude,  the  parties  are  less 
elegant  and  refined,  as  the  manners  are  less  perfect,  and  the 
people  less  educated.  In  one  particular  their  manners  are  the 
same,  and  all  the  world  give  balls  and  tea  parties,  even  to  the 
negroes. 

The  great  difference  existing  between  American  and 
English  manners,  and  which  so  strongly  characterizes  the 
two  societies,  is  the  total  absence  of  that  spirit  of  social 
servility,  which  in  England  forms  so  marked  a  contrast 
to  the  free  institutions  of  which  the  English  have  so 
just  a  reason  to  be  proud.  There  is  not  a  man  or  woman 
in  England,  wrho  is  not  continually  striving  to  appear  more 
than  they  are  ;  or  anxious  to  appear  in  some  grade  of 
society  above  their  own  station  in  life.*  This  state  of 

*  A  man  of  the  world  as  Murat  unquestionably  was,  must  have 
known  that  this  characteristic  of  human  frailty  is  peculiar  to  al. 


254          AMERICA  AND  THE  AMERICANS. 

society  has  no  existence  in  America.  Here  the  spirit  of 
equality  is  carried  so  far,  that  a  simple  workman,  should 
he  think  fit  or  find  it  convenient,  may  at  a  political  dinner 
sit  himself  down  beside  the  wealthiest  citizen,*  as  well 
can  a  woman  of  good  character  appear  at  a  public  subscrip 
tion  ball  without  consideration  of  fortune.  There  exists 
also  that  spirit  of  independence  which  forbids  the  favor  of 
an  obligation  which  they  cannot  return.  It  is  the  existence 
of  such  habits  and  feelings  which  creates  that  part  of 
social  equality  among  all  classes. 

In  order  to  live  in  an  independent  manner  in  America,  one 
must  spend  on  an  average  from  four  to  five  thousand  a 
year  ;  they  who  spend  less  feel  no  desire  to  connect  them 
selves  with  others,  where  from  want  of  fortune,  they  might 
find  themselves  humiliated.  Very  few  spend  more  than  ten 
thousand  a  year,  however  wealthy  they  may  be,  as  it 
would  in  a  measure  tend  to  isolate  them  from  society.")" 

nations,  not  excepting  America;  one  remarkable  instance  of -which 
came  within  my  own  particular  knowledge  ;  he  was  I  must  candidly 
confess  only  an  American  by  adoption,  which  character  he  however 
disgraced  by  dishonor  and  treachery. — TRANS. 

*  I  was  at  Martinique  during  the  insurrection  of  last  year,  when 
emancipation  was  proclaimed  ;  at  St  Pierre,  the  capital,  a  grand 
dinner  was  given  in  honor  of  the  event  at  the  Theater,  the  admis 
sion  to  which  was  so  much  for  a  ticket.  At  this  festival  of  free 
dom  a  wealthy  gentleman,  and  one  holding  a  high  official  appoint 
ment,  on  taking  his  seat,  to  his  astonishment  saw  his  "  maitre 
d'  hotel"  or  house  steward  seated  opposite  to  him  at  the  same  table, 
and  by  whom  he  was  saluted  with  all  the  politeness  of  sable  etiquette 
and  which  the  gentleman  returned,  with  a  smile  of  the  greatest 
good  humor  and  "  fraternity." — TRANS. 

f  The  upper  class  or  aristocracy  in  America  are  facetiously  call 
ed  the  "  upper  crust,"  "upper  ten,"  and  by  the  canaille  the  "  codfish 
aristocracy,"  and  who  like  the  Red  Republicans  of  France  and 
the  Jack  Cade  Chartists  in  England,  possess  an  inveterate  hatred 
of  every  thing  approaching  aristocratic  pretensions,  as  was  woefully 
and  fatally  exhibited  in  the  late  "  Astor  Place  Riots"  where,  in  this 
free  republic,  the  military  were  called  out,  and  fired  indiscrimi 
nately  on  the  assembled  multitude,  who  by  the  bye  (though  I  was 


AMERICA  AND  THE  AMERICANS.          255 

This  is  one  reason  why  the  salaries  of  the  inferior  govern 
ment  officers  here  are  higher  than  that  which  is  given  to 
those  holding  corresponding  appointments  in  France, 
while  that  of  a  minister  is  much  less.* 

In  a  country  where  all  are  more  or  less  engaged  in  busi 
ness,  where  few  are  disposed,  if  capable,  to  live  on  their 
rents  or  the  interest  of  their  capital,  it  cannot  be  supposed 
the  fine  arts  and  literature  would  acquire  their  full  de 
velopment.  This  in  no  way  arises  from  want  of  talent, 
or  natural  taste  in  the  American  ;  but  more  particularly 
from  want  of  pecuniary  encouragement ;  and  so  long  as 
the  genius  of  the  poet  and  painter  receive  less  remunera 
tion  for  their  works  than  the  lawyer  and  preacher,  there 
will  be  much  talking,  but  very  little  origin al  writing. f 

American  literature,  at  the  present  period,  is  mostly  all 
of  an  oral  character,  eloquence  being  the  branch  most 
developing  it.  From  the  American  reviewsj  we  may 

one  of  them  as  "  a  spectator")  had  no  business  there,  and  was 
within  an  inch  of  having  a  ball  through  my  head  from  my  "  curiosi 
ty." — TRANS. 

*  The  pay  of  an  American  Minister  Plenipotentiary  is  $9000  per 
annum  as  salary,  besides  iff 9000  outfit. 

The  pay  of  Charges  d' Affairs  is  $4500  per  annum.  Secretaries 
of  Legation  $2000,  of  Ministers  Resident  $6000. 

The  United  States  are  represented  by  Ministers  Plenipotentiary 
at  the  courts  of  Great  Britain,  France,  Russia,  Prussia,  Spain, 
Mexico,  and  Brazils  ;  and  by  Charges  d'Affairs,  at  the  courts  of 
most  of  the  other  foreign  countries  with  which  this  country  is 
much  connected  by  commercial  intercourse. — TRANS. 

f  Literary  talent  and  genius,  as  is  generally  well  known,  meet 
but  with  little  pecuniary  encouragement  or  emolument  from  the 
Americaia  publishers  in  comparison  with  those  of  Europe.  This 
arises  from  all  the  literature  of  Europe  of  any  originality  of  talent 
being  immediately  reproduced  here.  As  an  instance  of  the  "ne 
glect  of  genius,"  Percival,  the  American  poet,  was  kept  from 
starving  in  New  York,  by  selling  his  splendid  poem  of  the 
"  Plague  "  for  five  dollars. — TRANS. 

J  There  are  several  reviews  and  literary  periodicals  of  a  high 
order  of  merit,  and  evincing  much  discriminative  and  superior 


256          AMERICA  AND  THE  AMERICANS. 

easily  perceive,  in  the  talent  which  they  evince,  that  it  is 
not  the  want  of  capacity,  but  time,  with  the  contributors. 
A  person  engaged  in  an  active  avocation  may  manage  to 
devote  a  few  hours  to  literature  and  science,  but  could  not 
without  serious  loss  in  that  avocation  devote  himself  to  a 
work  of  importance.  1  am  aware  that  we  possess  some 
authors  in  that  department  of  literature,  of  the  lighter 
kind  of  composition,  requiring  lightness  of  style,  deli 
cacy  of  touch,  vividness  of  description,  and  freshness  of 
thought ;  but  they  form  exceptions  to  a  general  rule,  and 
may  be  looked  upon  as  the  forerunners  of  a  generation  of 
men  of  letters  yet  to  come. 

talent.  Among  these  the  first  in  solid,  sound  reasoning  and  utility, 
stands  Hunt's  Commercial  and  Banking  Magazine,  having  an  ex 
tensive  and  well-merited  circulation.  The  American  Review, 
edited  by  the  talented  Mr.  Whelpley,  as  also  the  Democratic,  edited 
by  the  no  less  practically  sound  moral  delineator  of  men  and 
events,  Mr.  Kettel ;  together  with  the  Massachusetts  Review,  and 
our  old  esteemed  friend  Knickerbocker,  with  the  facetious  vein 
of  humor  emanating  from  his  editorial  table,  and  a  perfect  antidote 
for  cholera  and  the  blue-devils,  are  all  excellent  models  of  the  ori 
ginal  style  of  the  contributors  to  American  periodical  literature. 
Godey's  and  Graham's  and  Sartain's  Magazines  are,  for  the  beauty 
of  their  engravings,  and  the  light  imaginative  poetry  pervading 
them  throughout,  equal  in  style  to  the  celebrated  London 
"  Belle  Assemblee,"  edited  by  the  highly-gifted  and  beautiful  po 
etess,  the  Hon.  Mrs.  Norton.  The  Literary  World,  edited  by  the 
polite  and  talented  brothers  Duykinck,  is  another  entertaining 
and  useful  periodical,  comprising  much  valuable  information  con 
nected  with  the  arts,  sciences,  and  literature  in  general ;  and  in 
the  style  of  its  composition  takes  rank  with  the  London  Athenseum 
and  Literary  Gazette.  The  Home  Journal,  edited  by  N.  P.  Willis 
and  General  Morris,  is  from  the  sparkling  originality  of  its  poetic 
and  romantic  contributions,  the  fashionable  court  journal  of  New 
York  literature.  There  are  many  other  valuable  and  equally 
talented  periodicals  ;  as  also  papers  of  the  weekly  and  daily  press, 
published  throughout  the  States,  deserving  of  encomium  ;  but  I 
only  mention  those  of  which  I  can  speak  from  personal  knowledge 
and  experience,  and  well  meriting  the  public  patronage  by  which 
they  are  supported. — TRANS. 


AMERICA  AND  THE  AMERICANS.          257 

Every  one  in  America  is  more  or  less  of  a  literary  turn, 
for  all  have  received  a  good  education.  Instruction  is 
given  on  the  most  liberal  principle.  West  Point  is  the 
only  college  where  education  is  afforded  at  the  expense  of 
the  United  States.  In  some  of  the  States  there  exists  a 
very  extensive  system  of  primary  education.  The  State 
of  New  York,  for  instance,  possesses  these  establishments 
on  a  scale  of  which  no  parallel  exists  in  the  whole  world. 
The  universities  which  alone  possess  the  right  of  confer 
ring  degrees,  are  incorporated  by  the  governments  of  the 
States ;  but  are,  nevertheless,  entirely  independent  of 
them  ;  they  support  their  own  professors,  and  follow  the 
doctrine  of  their  choice.  Whoever  can  find  scholars  is  at 
perfect  liberty  to  found  a  college,  a  seminary,  or  any  school, 
in  fact.  The  Jesuits  have  two  colleges,  and  they  are 
among  the  best  in  the  Union.  There  exist  two  or  three 
religious  convents  for  the  education  of  young  ladies. 
Each  religious  sect  founds  seminaries  for  the  education 
of  the  ministers  of  their  religion. 

r? 

Some  time  since  two  religious  sects  have  sprung  up  in 
disputation  on  matters  of  religion :  the  oiie  is  desirous  of 
continuing  the  old  system,  and  make  the  dead  languages 
and  their  literature  the  general  basis  of  their  whole  educa 
tional  system,  while  the  other,  on  the  contrary,  is  desirous 
of  entirely  suppressing  the  study,  and  occupy  the  minds  of 
the  pupils  exclusively  in  science  and  knowledge  strictly 
in  accordance  with  that  which  is  positively  useful.  Each 
of  these  sects  has  its  journals,  professors  and  scholars  ;  the 
result  of  which  we  leave  to  the  judgment  of  the  public 
pro  and  con.  In  my  opinion,  in  a  country  where  there 
exists  so  strong  a  tendency  to  the  positive,  and  perhaps 
more  seriousness  of  mind,  we  should  sometimes  sacrifice 
the  graces,  as  a  melange  of  the  literature  of  the  ancients, 
too  often  leads  to  an  urbanity  of  manners,  which  deprives 
them  of  much  of  their  primitive  austerity  and  simplicity. 

This  observation  applies  more    especially   to    the  fine 


258          AMERICA  AND  THE  AMERICANS. 

arts.  That  which  comes  under  the  denomination  of  dead 
matter  or  architecture  has  arrived  at  a  high  degree  of  per 
fection.  Our  banks,  churches,  capitols,  town-halls,  ex 
changes,  courts  of  justice,  &c.,  are  all  magnificent,  of  solid 
material,  and,  above  all,  especially  adapted  to  the  purposes 
of  their  construction.  The  private  houses  are  in  general 
small  and  built  of  a  lighter  character ;  hence  you  seldom 
find  more  than  one  family  residing  together ;  they  are, 
however,  very  convenient,  and  especially  in  the  southern 
States,  where  many  may  be  found  of  a  most  elegant  con 
struction.  Richmond  and  Savannah,  in  this  particular, 
contain  many  such,  which  might  be  termed  palaces.*  Ar 
chitecture  has  flourished  because  it  has  been  encouraged  ; 
so  would  the  sister  arts,  did  they  meet  with  the  same 
stimulus.  I  imagine  we  should  find  some  difficulty  in 
this  country,  where  the  staid  and  austere  Presbyterian 
system  exists,  particularly  in  the  northern  part,  to  aban 
don  the  nasal  phlegmatic  chant  for  the  light  and  passion 
ate  singing  in  our  modern  theaters.  It  is  true,  all  our 
young  ladies  play  more  or  less  on  the  piano,  sigh  over  and 
read  romances  ;  hence  teaching  music-masters  gain  a  live 
lihood  by  confining  themselves  to  such  instruction  ;  and 
formerly,  when  the  pupils  had  learnt  to  dance  and  dis 
guise  two  or  three  pieces  of  Tancredi  into  a  church  music 
style,  it  was  deemed  they  had  arrived  at  that  perfection 
which  consists  in  singing  correctly  and  playing  to  measure. 
It  is  only  a  few  years  since,  that  waltzing  was  proscribed 
in  society,  and  only  Scotch  reels  and  quadrilles  were 
danced.  From  the  moment  of  its  introduction  the  waltz 
was  looked  upon  as  most  indelicate,  and,  in  fact,  an  out- 

*  Since  the  above  was  -written,  New  York  especially  can  now 
boast  of  many  splendid  mansions,  which  in  their  costliness  of  ar 
tistic  decoration  may  vie  with  many  of  the  most  princely  edifices 
in  Europe.  Though  much  smaller  in  character,  Mr.  Grinnell's  resi 
dence,  which  Mr.  Washington  Irving  did  me  the  honor  of  showing, 
is  an  elegant  illustration  of  a  palace  in  miniature,  and  wherein  all 
is  arrayed  with  perfect  taste  and  harmony  of  style. — TRANS. 


AMERICA  AND  THE  AMERICANS.          259 

rage  on  female  delicacy.  Even  preachers  denounced  in 
public  the  circumstance  of  a  man  who  was  neither  lover 
nor  husband,  encircling  the  waist,  and  whirling  a  lady 
about  in  his  arms,  as  an  heinous  sin  and  an  abomination. 
Nobody  can  forget  the  excitement  created  by  the  arrival 
of  the  ballet  corps  in  New  York  from  Paris  !  I  happened 
to  be  at  the  first  representation.  The  very  appearance 
of  dancers  in  short  petticoats  created  an  indescribable 
astonishment;  but  at  the  first  "pirouette,"  when  these 
appendages,  charged  with  lead  at  the  extremities,  whirled 
round,  taking  a  horizontal  position,  such  a  noise  was 
created  in  the  theater,  that  I  question  whether  even  the 
uproar  at  one  of  Musard's  carnival  "  bal  infernal  "  at  Paris, 
could  equal  it.  The  ladies  screamed  out  for  very  shame, 
and  left  the  theater,  and  the  gentlemen,  for  the  most  part, 
remained  crying  and  laughing  at  the  very  fun  of  the  thing  ! 
wThile  they  only  remarked  its  ridiculousness.  They  had 
yet  to  learn  and  admire  and  appreciate  the  gracefulness 
and  voluptuous  ease  of  a  Taglioni,  Cerito  and  a  Fanny 
Elssler. 

A  painter  or  a  statuary  can  never  arrive  at  perfection 
in  his  art,  who  does  not  make  natuve  his  study.  He  must 
possess  a  profound  sense  of  the  beautiful,  the  heart  and 
mind  must  feel  all  the  illusions  and  sensations  of  the  deep 
est  love,  ere  their  material  hands  can  immortalize  the  sub 
ject,  be  they  sculptor  or  artist.  It  was  thus  with  Phidias 
and  Apelles,  Titian  and  Raphael,  Michael  Angelo  and 
Praxi tiles  ;  and  in  our  day,  Canova  and  a  host  of  modern 
sculptors  and  painters. 

1  allude  to  these  fastidious  points  of  decorum  and  eti 
quette,  because  enlightened  minds,  endowed  with  refined 
taste  for  all  that  is  grand  and  beautiful  in  the  arts  and  sci 
ences,  have  created  an  opinion  more  favorable  to,  and  in 
accordance  with  the  spirit  of  the  age  in  which  we  live. 
Do  away  with  all  illiberal  impediments  and  prudish  "  false 
delicacy,"  and  you  remove  the  reproach  that  America 


260          AMERICA  AND  THE  AMERICANS. 

is  deficient  in  the  fine  arts.*  We  have  no  lack  of  good 
painters  :  it  is  the  opportunity  for  encouragement  and  im 
provement.  Our  engravers  are  equal  to  those  in  Europe  ; 
but  to  compose  an  historical  picture, — that  genius  is  want 
ing  which  was  nipped  in  the  bud. 

Efforts  are  now  making  in  ail  parts  of  the  States  for  the 
protection  of  the  arts.  Each  town,  large  or  small,  has  a 
museum,  chiefly  of  busts  in  plaster,  and  mere  daubs,  deco 
rated  with  the  names  of  the  old  masters.  All  these  are 
useless.  The  sentiment  properly  belonging  to  the  fine 
arts,  without  which  genius  is  nothing,  exists  not,  and  can 
never  exist,  in  the  United  States,  so  long  as  such  prejudice 
of  opinion  and  manners  remain  the  same.  While  making 
these  reflections,  far  be  it  from  me  to  wish  that  public 
virtue,  virgin  chastity,  or  purity  of  soul  and  mind,  should 
be  sacrificed  at  the  shrine  of  the  arts — that  these  should 
be  sacrificed  to  the  corruption  of  manners,  for  the  mere 
purchase  of  a  few  statues  and  pictures,  which,  after  all, 
however  enthusiastically  I  may  admire  and  appreciate 
them,  can  never  afford  that  pleasure  and  happiness  and 
calm  contentment  afforded  in  the  United  States  in  the  af 
fectionate  society  of  a  virtuous  wife,  surrounded  by  the 
family  circle.  In  conclusion,  let  me  fully  explain  my 
meaning,  which  is  to  this  effect : — There  is  a  palpable  con 
tradiction  between  the  efforts  now  making  for  the  encour 
agement  of  the  fine  arts  in  America,  and  the  austerity  of 
public  morals  in  our  present  (1832)  social  state;  we 
have  no  artists,  generally  speaking,  nor  can  we  have.  We 
are  not  the  people  of  poetry  but  of  reason — our  soil  is 
more  adapted  to  the  cultivation  of  the  sciences  than  the 
arts  ;  and  we  look  forward  to  happiness  rather  than  pleas 
ure.  Which  is  preferable  of  the  two  ?  To  obtain  perfec- 
fection  in  both,  our  social  system  requires  to  be  inoculated 
with  a  little  of  the  juste  milieu.  We  then  approach  per 
fection  without  the  sacrifice  of  virtuous  sentiment. 

*  At  the  present  day  America  can  boast  of  her  Canova  and 
Thorwaldsen,  in  the  original  genius  of  Powers  and  Crawford. 


UTRTEI 


=  r 


< 


GENERAL  LIBRARY -U.C.  BERKELEY 


BDOOflS53SM 


